§ 7-5.05. Removal and Maintenance.

(a)

The Director shall be responsible for overseeing the inspection, maintenance, removal and replacement of street trees planted within rights-of-way or easements. The Director may authorize the removal of street trees or other plant material planted in a right-of-way or easement if he or she determines them to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements, or street trees.

(b)

The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant material that are present on the individual's property that would cause serious injury to street trees and other plant material within the City. The Director shall notify the property owner in writing, describing the conditions and stating the control necessary to correct the condition, and establishing a reasonable time within which the corrective steps shall be taken.

(c)

The Director shall have the authority to require property owners to remove or prune any privately planted tree, shrub, vine, or other plant material if he or she determines it to be seriously interfering with the growth and health of any street tree.

(d)

In the event a property owner desires to remove a tree from the right-of-way or easement abutting his/her property, the property owner or his/her authorized agent shall submit an application to the Department's Solid Waste Division. The Director shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of the Street Tree Plan. In making his or her determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and also the condition, age, desirability of variety and location of the tree. If the Director finds that the tree may be removed without violating the intent and spirit of the Street Tree Plan, he or she may authorize the property owner to remove such tree at the property owner's own expense and liability. If a permit is granted for removal of a street tree, all removal work shall be completed within sixty (60) days from the date of issuance of the permit, and shall be under the general supervision of, and in accordance with, rules established by the Director. All tree stumps shall be removed to a depth specified by the Director. All removal permits shall be void after the expiration of sixty (60) days from the date of issuance, unless extended by the Director.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)