Note: Prior history: Prior code §§ 32-1—32-7.
No person other than a city employee shall in any public street, alley, parkway, thoroughfare or place within the city other than a parkway abutting property owned or occupied by such person:
A. 
Plant or cut down, injure, girdle or remove any tree, shrub, bush or other vegetation;
B. 
Install, damage or destroy any ornament or improvement.
(Ord. 1505 § 1, 2007)
No person shall in any parkway abutting property owed or occupied by such person:
A. 
Place, plant or cause to be placed or planted any tree, shrub or vegetation other than grass without obtaining a permit from the director of public works;
B. 
Cut down, injure, girdle, destroy or remove any vegetation, or install, damage or remove any ornament or improvement; provided, however, that this section shall not apply to the removal of vegetation or any ornament or improvement by a city employee;
C. 
Pave and/or resurface any portion of the parkway;
D. 
Permit the growth of any vegetation to exceed twenty-four inches in height above the curb or to obstruct any portion of the adjoining sidewalk or street.
(Ord. 1505 § 1, 2007)
Owners and occupants of residentially zoned property shall:
A. 
Except for parkways lawfully paved or landscaped prior to the effective date of subsections C and D of Section 12.20.020, install grass and properly maintain all landscaping within the parkway adjacent to the property. The requirement to maintain landscaping within the adjacent parkway as set forth in this subsection shall exclude the obligation to maintain a city tree in said parkway other than providing water to the tree;
B. 
Notify the department of public works of any suspected tree hazards or maintenance needs of any tree in the parkway adjacent to the property;
C. 
Maintain the parkway adjacent to the property lawfully paved prior to the effective date of subsection D of Section 12.20.020 in a manner that does not create a hazard to any other person. Any person who fails to maintain a paved parkway as required by this subsection shall, upon receipt of written notification from the director of public works or his or her representative, remove the paving and install landscaping in compliance with subsection A of this section.
(Ord. 1505 § 1, 2007)
A. 
Persons desiring to remove any standing or growing trees or shrubbery or any ornament or improvement from a parkway adjacent to property owned or lawfully occupied by such persons shall apply to the director of public works for a permit. The application for such permit shall be in writing and set forth the reasons such removal is desired.
B. 
If the director finds upon investigation that the tree, shrub, ornament or improvement desired to be removed constitutes a private nuisance, is not of the type or species designated for such street or for other good cause shown, he or she shall issue a permit allowing such tree, shrub, ornament or improvement to be removed.
C. 
The permit for the removal of any tree, shrub, ornament or improvement shall prescribe the method or manner in which such tree, shrub, ornament or improvement shall be removed by the applicant, shall be conditioned upon the fact that all expenses and costs shall be borne by the applicant and shall contain a provision signed by the applicant that the applicant agrees to save, indemnify and keep harmless the city against all liabilities, judgments, costs and expenses which may in any wise accrue against the city in consequence of the granting of the permit or in consequence of the use or occupancy of any sidewalk, street or other public place or in any other wise by virtue thereof and will in all things strictly comply with the conditions of the permit and of this code, all ordinances, rules and regulations of the city.
D. 
The permit for the removal of any tree may require the replanting of another tree after the removal, and, if a replacement is required, the applicant shall deposit a sum fixed by the city council for each tree to be replaced before the permit shall be issued. If all the conditions of the permit are not complied with, the deposit required by this section will be forfeited to the city. If the conditions are complied with, the deposit shall be refunded to the applicant.
E. 
Any person aggrieved by the refusal of the director to issue a permit for the removal of any tree, shrub, ornament or improvement or by the requirements of such permit may appeal to the city council. The city council shall have the right and authority upon investigation and findings to issue the permit.
(Ord. 1505 § 1, 2007)