108-7-7.040 Public Tree Care

a. The City may plant, prune, maintain, and remove trees, plants, and shrubs within rights-of-way, streets, and public property when reasonably necessary to protect public safety, maintain required clearances, preserve public infrastructure, or maintain public grounds. 1. Illegal to cut trees and/or top trees. a. It is unlawful for any person to remove trees situated on City property, including streets and roadways of the City, without obtaining permission from the Planning Division Director for that purpose. b. It is unlawful as a normal practice for any person, firm, or City department to top any tree within the City’s right-of-way. Topping is the severe cutting back of limbs to stubs larger than three inches (3”) in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Planning Division Director. 2. Pruning and corner clearance. Subject to the provisions of subsection (d), every owner of any tree or shrub overhanging any street, sidewalk, or right-of-way within the City shall prune the branches so that such branches shall not severely obstruct the light from any street lamp, obstruct the view of any street intersection, or obstruct or create a hazard on a street, sidewalk, or right-ofway. Said owners shall remove and replace all dead, diseased, or dangerous trees and shrubs, or broken or decayed limbs, which constitute a hazard to the safety of the public. CityThe City may prune vegetation on private property that encroaches into a public right-of-way or creates a documented safety hazard after providing written notice to the property owner and allowing a reasonable compliance period of not less than 14 days, except in emergencies. If the owner fails to comply, the City may perform the work and recover actual costs. Any action shall be limited to the minimum work necessary to remove the hazard. 3. Removal and replacement of dead and/or hazardous trees/plantings on the city's right-of-way; property owner responsibility. The removal of any tree, living or dead, is subject to the permit process, as outlined in subsection (d). Plantings and dead trees on the City's right-of-way that are determined by the City to be a hazard shall be removed and, if appropriate, replaced at the adjacent property owner's expense. If the adjacent property owner refuses to cooperate with the removal of a hazardous planting or dead tree, it shall be removed and, if appropriate, replaced by the City and any costs incurred will be collected from the adjacent property owner. Except for routine trimming, pruning, and watering, the City accepts responsibility for maintenance of planted areas on public property and the City's rights-of-way for City installed projects, which are regularly maintained by City staff. 4. Permit to remove trees or vegetation from city property. Any person desiring to cut and remove trees or vegetation from City property, including the City's rights-of-way, shall first make written application to the Planning Division Director. The application shall contain the following information: a. The exact number of trees to be removed and the location of each with reference to street designations. b. A statement that the applicant will cut and remove the trees at his/her own cost and expense within thirty (30) days of the date of the permit. c. A statement that the applicant will restore the City property to the satisfaction of the City and will replant such trees as the City may require and where the City may specify. d. That the applicant will indemnify the City against any damage to the City property or to the adjacent property owners and against any injury to persons or property sustained in cutting and removing the trees.