CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 3. TREES AND SHRUBS

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.

(Code 1987)

Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction or other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.

(Code 1987)

Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.

(Code 1987)

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.

(Code 1987)

No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city shall be per mitted to remain on the premises, but shall immediately treated, removed and burned or immediately” burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.

(Code 1987)

It shall be the duty of the owner of any premises abutting on any street or public sidewalk in the city to cut and trim all trees or shrubbery growing on the premises, or on the adjacent parking between the property line and the street, in such a manner that the boughs and limbs thereof shall not obstruct free and convenient travel along the streets and sidewalks or constitute a hazard to the users of the sidewalks and streets; provided, that all trees extending over any portion of a street shall be so trim med that the branches or any portion thereof shall not overhang any sidewalk lower than eight feet from the surf ace thereof, nor lower than 14 feet from the roadway of any street or public way.

(Code 1961, 15-213)

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-304:306 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(Code 1987)

No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

(Code 1987)

No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.

(Code 1987)

No bush, tree, hedge or shrub shall interfere with the ability of motorists to observe traffic entering from side streets or alleys. It shall be the responsibility of the property owner to keep bushes, trees, hedges and shrubs properly trim med to avoid blocking the view of motorists when approaching or entering a street or alley.

(Code 1987)

(a)   A Tree Committee is hereby established consisting of five citizens, to serve without pay, for the purpose of carrying out the establishment, maintaining and providing of trees and their care within the City.

(b)   The Tree Committee shall consist of five members to be appointed by the mayor and approved by the Governing Body with staggering terms for a period of three years. The Tree Committee shall elect a presiding officer secretary and Treasurer (if committee chooses to maintain their finances).

(c)   The Committee accounting records will be included in the annual audit of the City and may set an annual budget which will not include a tax levy. The Tree Committee shall meet a minimum of four times within a calendar year to carry out the purpose of this Committee.

(Ord. 907; Ord. 907A; Code 2016)