§ 7-3.12. Trees and shrubs in public places: Specific locations: Subsequent damage to public property.

(a)

Specific locations. The Director shall have the authority to approve the specific location of each tree or shrub for public places in the field or on a plan drawn to scale, taking into consideration the topography, street configuration, and the sight clearance from intersecting streets, alleys, driveways, walks, street lights, traffic signs, utility vaults, and other public facilities. The Director shall also consider the means of ensuring the safe operation of vehicles, the preservation of views, the preservation of property values, the protection of the environment, and coordination with other existing and proposed public and private plantings and other authorized work.

(b)

Subsequent damage to public property. Except where an immediate health or safety hazard exists, the Department shall provide adjacent property owners whose responsibility it is to care for and maintain a tree or shrub located on public property with at least five (5) days written notice before removing such tree or shrub.

If the tree or shrub is being removed due to the damage it is causing to surrounding public improvements, and if the responsible property owner desires to retain the tree or shrub, the Director may take whatever actions are necessary and possible in his opinion to save the tree or shrub and repair the surrounding damage at the expense of the responsible property owner. The responsible property owner shall deposit with the City such amounts as determined by the Director to be necessary to retain the tree or shrub and repair such improvements prior to the Department undertaking efforts to save the tree or shrub.

(§ 1, Ord. 1020, eff. June 10, 2002, § 9103-2, S.V.M.C., as added by § 1, Ord. 204, as amended by § 6, Ord. 489, eff. November 4, 1981)