Consistent with Chapter 12.12 of this title regulating the preservation, cutting and removal of historic trees, native oak trees and mature trees and with Resolution 88-520 setting forth Guidelines for a Master Tree Plan, it shall be the city's policy to utilize whatever techniques, methods and procedures are required to preserve, whenever feasible, all trees in the city including, but not limited to, trees which are creating damage to surface improvements or underground facilities or which are diseased, or located where construction is being considered or will occur.
(Ord. 102 § 1, 1988)
The director of community services ("director") shall enforce, implement and carry out the policy, provisions and regulations of this chapter in a manner which is consistent with other established policies of the city.
(Ord. 102 § 1, 1988)
A. 
It shall be the responsibility of the property owner or the occupant to prevent any tree, shrub or plant on his private property from overhanging or projecting into public property. The director shall have the authority to require the property owner or the occupant to prune, trim, cut down or remove any such tree, shrub or plant, or parts thereof, if it appears to the director to be dead, liable to fall, dangerous, an obstruction to public travel, or is not pruned or trimmed to a height of 14 feet, six inches above the paved portion of the street to accommodate such vehicles as garbage trucks, buses, moving vans and street maintenance trucks. Except in a case of manifest public danger and immediate necessity, no such tree, shrub or plant shall be pruned, trimmed, cut down or removed by the director unless the director has given the property owner and the occupant 10 days' written notice to take corrective action. If the necessary corrective action is not taken by the property owner or his occupant within (10) days, the director shall perform the services and the cost thereof shall be assessed to the property owner, including the cost of labor (including overhead), equipment and materials.
B. 
It shall be the responsibility of the property owner or his occupant to treat or remove any tree, shrub, plant, grass or other vegetation on his private property, if it is so diseased or insect-infected as to constitute a hazard to other trees, shrubs or plants. The director shall have the authority to require the property owner or the occupant to take such action as is necessary to control insects, scales, parasites, fungi and other injurious pests or diseases. The director shall notify the property owner and the occupant in writing, describing the conditions, stating the control necessary for correction, and provide 30 days within which the required steps must be taken. If the property owner or the occupant questions the necessity for such action, the director shall refer the matter to a plant pathologist whose decision shall be final. If necessary corrective action is not taken within the time specified, the director is authorized in the public interest, to enter on the property in question and to spray, trim, prune or treat or remove all or any part of the tree, shrub, plant, grass or other vegetation determined to be infested or diseased. The charge assessed to the property owner shall be equal to the cost of labor (including overhead), equipment and materials. Nothing in this section prevents the director from taking immediate action for removal if he determines that such action is necessary for the public health, safety or welfare.
(Ord. 102 § 1, 1988)
A. 
If any tree on public property is infected or infested with insects, pests or disease, the director shall cause such condition to be treated or, if any such tree is infected or infested to such a degree that the condition cannot be eradicated by treatment, the director may order the removal and/or replacement of the tree.
B. 
The director, after unsuccessfully utilizing all techniques, methods and procedures which he deems reasonable to save trees planted on public property which are dead, dying, in a dangerous condition, unsafe or likely to cause damage, shall remove and/or replace such trees.
(Ord. 102 § 1, 1988)
No person, except authorized city personnel, shall remove, destroy, deface or injure any tree on public property by any means including, but not limited to, the following:
A. 
By pouring any material on any tree or on the ground which would be harmful to the tree;
B. 
By attaching any sign or notice or other object on any tree or fastening any guy wire, cable, rope, nails or screws or any other device to any tree, except that agencies may, under the supervision of the director, temporarily affix no-parking signs to trees when necessary in conjunction with activities in the public interest, such as street improvement work, tree maintenance work or parades;
C. 
By causing or encouraging any unnecessary fire or burning near or around any tree;
D. 
By constructing a concrete, asphalt, brick or gravel surface, or otherwise covering the ground within a one foot radius of any tree so as to shut off air or water from the roots, except under written authority from the director.
(Ord. 102 § 1, 1988)
It is unlawful for any person to dig up, pick, break off, cut or destroy any native tree, plant, berry-bearing shrub, fern or any wild flower, or to pick, break off or cut any bud, bloom or blossom from any of said plants, trees or shrubs within 300 feet of the middle of any leveled road or highway within the county, unless, in the case of private lands, the owner thereof gives his written consent thereto.
(Ord. 6 § 14 (part), 1983)
A. 
No person shall plant any tree or any shrub or plant with a mature height in excess of thirty-six inches on any public property of the city without written permission from the director.
B. 
Any tree, shrub or plant planted in violation of subsection A of this section may be removed by the director. The director shall notify the abutting property owner in writing, listing the unlawfully planted trees, shrubs or plants, ordering their removal, and provide 30 days within which removal shall be accomplished. In the event removal is not accomplished within the specified time, the director is authorized to remove the trees, shrubs or plants and the cost thereof shall be assessed to the property owner. The charge assessed the property owner shall be equal to the cost of labor (including overhead), equipment and materials.
(Ord. 102 § 1, 1988)
A. 
Any tree growing upon public property near any excavation, construction or street work shall be sufficiently guarded and protected by those responsible for such work so as to prevent any injury to the tree.
B. 
No person shall excavate any ditches, tunnels or trenches, or install pavement within a radius of four feet from any tree on public property without the written permission of the director.
(Ord. 102 § 1, 1988)
A. 
The development of projects of residential, commercial and industrial nature removes land from its natural state and replaces the natural state and natural landscape with manmade structures.
B. 
In order to ensure that there is a certain amount of landscape remaining in the city in the way of trees, plants and shrubs, the city shall impose a landscape fee on each new project in an amount to be determined by resolution of the city council. The fee shall be used for the installation, maintenance and replacement of trees, plants and shrubs on public property.
C. 
Landscape work in the city will provide a benefit to those living and/or working in the new developments by preserving the visual environment and the air quality, both of which are impacted by new development. This fee is separate and distinct from any other fee imposed.
(Ord. 102 § 1, 1988)
Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under his control or upon sidewalks and parkways in front of such private property in a safe condition.
(Ord. 102 § 1, 1988)
A. 
Any decision by the director shall be appealable by any aggrieved person to the city manager.
B. 
An appeal of the city manager shall be appealable to the parks and recreation commission. Appeals of the commission shall be heard by the city council.
C. 
All appeals shall be in writing, stating the decision appealed from and reasons for the appeal, and filed within 10 days of the decision being appealed.
(Ord. 102 § 1, 1988)