For purposes of this article, the following words shall have the meanings set out in this section:

(a)   Park Trees -- Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

(b)   Street Trees – Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city;

(Code 1987, 12.20.010; Code 2012)

There is hereby established a city tree board, which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the council. In the absence of the tree board, the governing body shall perform the functions provided herein.

(Code 1987, 12.20.020; Code 2012)

The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

(Code 1987, 12.20.030; Code 2012)

Members of the board shall serve without compensation.

(Code 1987, 12.20.040; Code 2012)

(a)   It shall be the responsibility of the board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the city governing body and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

(b)   The board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(Code 1987, 12.20.050; Code 2012)

The board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

(Code 1987. 12.20.060; Code 2012)

The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the city tree board.

(Code 1987, 12.20.070; Code 2012)

The spacing of street trees will be in accordance with the three species size classes listed in section 13-307, and no trees may be planted closer together than the following:

(a)   Small Trees - 30 feet;

(b)   Medium Trees - 40 feet;

(c)   Large Trees - 50 feet.

(Code 1987, 12.20.080; Code 2012)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in section 13-307, and no trees may be planted closer to any curb or sidewalk than the following:

(a)   Small Trees - two feet;

(b)   Medium Trees - three feet;

(c)   Large Trees - four feet.

(Code 1987, 12.20.090; Code 2012)

No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.

(Code 1987, 12.20.100; Code 2012)

No street trees other than those species listed as small trees in section 13-307 of this article may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.

(Code 1987, 12.20.110; Code 2012)

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 tree board 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, 12.20.120; Code 2012)

(a)   Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

(b)   The city tree board will notify in writing the owners of such trees needing pruning. Pruning shall be done by the owners at their own expense within 10 days after the date of service of notice. The owners, within 7 days of the notice, may request a hearing covering the ordered pruning. In the event of failure of owners to comply with such provisions, the city shall have the authority to prune the trees and charge the cost of removal on the owner’s property tax notice.

(Code 1987, 12.20.130; Code 2012)

The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city tree board will notify in writing the owners of such trees. Removal shall be done by the owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.

(Code 1987, 12.20.140; Code 2012)

It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this article.

(Code 1987, 12.20.150; Code 2012)

The city council shall have the right to review the conduct, acts and decision of the city tree board. Any person may appeal from any ruling or order of the city tree board to the city council who may hear the matter and make final decision.

(Code 1987, 12.20.170; Code 2012)

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for removal or pruning of trees performed under the authority of section 13-313:314 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 2012)