The planting and maintenance of all trees in or upon any street, parkway or public right-of-way area in the city, and the pruning, trimming and removal of the same, shall be at all times subject to the authority and control of the director of public works, subject to the authority and control of the city council. The director of public works may authorize the removal or pruning by the city, or by any other person as herein provided, of any tree or shrub in or upon any street, parkway or public place which interferes with the construction of any driveway, sidewalk, curb or other construction work, or the maintenance thereof, or any tree or shrub which is dead or which creates a hazard to the public safety or which does not conform to the type or variety designated for the particular place in which the same is situated.
(Ord. 358 § 2, 1965; Ord. 903 § 1, 1980)
The director of public works shall maintain a master list of trees approved by the city council upon the recommendation of the director of public works for planting in streets and parkways throughout the city and indicating rules and regulations governing the planting, location, spacing and maintenance of the various varieties of trees on the list. The director of public works shall designate the kind and variety of trees or shrubs to be planted upon any street, parkway or public place of the city and the location, spacing and planting procedure to be followed. No person shall plant or install any tree or shrub upon any portion of any street, parkway or other public place which does not conform to the type, variety, location and spacing designated by the director of public works for such portion of such street, parkway or public place; provided, however, that owners of property fronting upon any street for which a type or variety of tree or shrub has not been designated by the director of public works, or who are dissatisfied with that which has been designated, may petition to the public works director to designate such type and variety or to change the designation, and if they are dissatisfied with the action of the director of public works, may appeal to the city manager who shall have the power to designate or change the designation of the type or variety of tree or shrub for such street or portion thereof. Any action of the director of public works or of the city manager may be set aside, changed or altered by the city council.
(Ord. 358 § 3, 1965; Ord. 903 § 1, 1980)
No person shall cut, trim, plant, prune, remove, injure or interfere with any tree, shrub or plant upon any street, parkway or public place of the city without prior permission and approval therefor from the director of public works. The director of public works is authorized to grant such permission at his discretion, and may grant the same, subject to the condition that any removed tree be replaced by a tree of the type designated for the street and meeting the specifications of the director of public works and/or such other conditions as may be appropriate in the circumstances. No such permission shall be valid for a longer period than thirty days after its date of issuance.
(Ord. 358 § 4, 1965; Ord. 903 § 1, 1980)
Any person maintaining any overhead wires or any pipes or underground conduits along or across any street, parkway or public place of the city, or owning any property abutting upon any street, parkway or public place of the city, or proposing to erect, repair, alter or remove any building or structure, desiring to have any tree, shrub or plant cut, trimmed, pruned or removed may file with the director of public works a written request for a permit for such work to be done and it shall be within the discretion of the director of public works to require a written agreement upon the part of the petitioner to pay the costs thereof and to do such work in the way stipulated by the director of public works before the issuance of any permit hereunder.
(Ord. 358 § 5, 1965; Ord. 903 § 1, 1980)
No person shall interfere with the director of public works or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, parkway or public place of the city, or in the removing of any substance or plant material from about the trunk or roots of any tree, shrub or plant in any such street, parkway or public place.
(Ord. 358 § 6, 1965; Ord. 903 § 1, 1980)
No person shall cause, authorize or permit any brine, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub or plant in any street, parkway or public place of the city, or onto any sidewalk, road or pavement within the city at a point from which such substance may flow, drip or seep into such soil, injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant. No person, without the written approval of the director of public works shall place or maintain any stone, cement or other substance so that it substantially impedes the free access of water or air to the roots of any tree, shrub or plant in any street, parkway or public place of the city.
(Ord. 358 § 7, 1965; Ord. 903 § 1, 1980)
No person, without the written permission of the director of public works, shall place, apply, attach or keep attached to any tree, shrub or plant in any street, parkway or public place of the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever which is injurious to the tree, shrub or plant, or which is a public nuisance.
(Ord. 358 § 8, 1965; Ord. 903 § 1, 1980)
During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, shrub or plant in any street, parkway or public place of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree, shrub or plant arising out of or by reason of the erection, repair, alteration or removal.
(Ord. 385 § 9, 1965; Ord. 903 § 1, 1980)
No person owning or controlling property abutting upon any public street or public place in the city, upon which are located hedges, trees, shrubs or plants, shall permit the plantings to encroach upon the sidewalk, curb or street or the branches thereof to overhang the sidewalk, curb or street in such a manner as to impede or interfere with vehicular or pedestrian traffic, drainage flow, or maintenance thereof, or to create a hazardous condition, and he shall keep the plantings trimmed as the public convenience shall require.
If any such hedge, tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of the public on any such street or public place, or the maintenance thereof, the city may order the same or such part or parts thereof as are hazardous or impair or impede normal use, to be trimmed or removed so as to remedy such condition. If such tree, hedge, shrub or plant standing on any private property is cut down or removed or trimmed to remove the condition within ten days after notice in writing of the order is given by the city to the owner, occupant or agent of the property upon which such described condition exists, the same shall be deemed a public nuisance and may be abated as such.
(Ord. 358 § 10, 1965; Ord. 903 § 1, 1980)
If any person is dissatisfied with any determination of the director of public works made pursuant to the provisions of this chapter, he or she may appeal in writing to the city manager within twenty days after mailing by the director of public works of written notice of such determination. The city manager shall hold a public hearing within thirty days after receipt of such written appeal, giving to the appellant at least ten days' written notice of the date of such hearing, by first class mail. At such hearing, the appellant shall have the right to be heard and to present witnesses in his or her behalf. The city manager shall make his or her determination and shall mail written notice thereof to the appellant within thirty days of the date of the hearing.
(Ord. 358 § 11, 1965; Ord. 903 § 1, 1980)
If any person is dissatisfied with any determination of the city manager made pursuant to the provisions of this chapter, he or she may appeal in writing to the city council within twenty days after mailing by the city manager of written notice of such determination. The city council shall hold a public hearing within twenty-one days after its receipt of such written appeal, giving to the appellant at least ten days' written notice of the date of such hearing, by first class mail. At such hearing, the appellant shall have the right to be heard and to present witnesses in his or her behalf. The city council shall make its determination and shall mail written notice thereof to the appellant within twenty-one days of the date of the hearing. The decision and determination of the city council shall be final.
(Ord. 358 § 12, 1965; Ord. 903 § 1, 1980)