§ 15-37. Responsibility for trees and permits for removal of right-of-way trees.

(a)

Interest in and responsibility for the trees on the rights-of-way of improved public streets and highways maintained by the city is shared by the city and the adjoining landowner in the absence of other specific provisions to the contrary.

(b)

No tree planted by the city for the ornamentation or public safety purposes within the said rights-of-way shall be removed or intentionally damaged, injured or destroyed except by a duly authorized agent of the city or has secured a permit from the city. Any tree presently located within such rights-of-way by the owner of the adjacent property for ornamentation, shade, screening, or other purposes may continue to be so maintained so long as that portion of the right-of-way is not improved for travel or utility purposes, and so long as maintenance of said tree is not inconsistent with the health, safety and welfare. Such trees shall not be removed by the city without notice to the adjoining landowner, except for the protection of the safe movement of vehicular and pedestrian traffic, or the safe operation and maintenance of the street or highway, or of public utilities or drainage facilities located with said right-of-way.

(c)

When it comes to the attention of a proper officer or agent of the city that any tree maintained by an adjoining landowner on an improved public right-of-way is, or is likely to become a threat to the public safety, the appropriate agent of the city may forthwith abate the safety hazard by appropriate action in accordance with the adopted standards.

(Ord. No. A-222, § 7, 10-14-2002)