The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Park trees means and includes 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.

Street trees means and includes trees, shrubs, bushes and all other woody vegetation on land lying in that area between property lines on either side of all streets, avenues, or ways within the city, ordinarily denominated the parking area, provided all such vegetation is in excess of 12 feet in height.

(Code 1968, § 25-150)

It shall be unlawful for the owner of any real property situated in the city and abutting upon or adjacent to any street, avenue, boulevard, public way, highway or alley in the city to plant, care for, cultivate, grow, keep or maintain any trees or shrubs upon such property, or in or upon the parking abutting upon or adjacent thereto, so that the same shall in any manner interfere with public travel and use of the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or obscure the vision of any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or constitute a menace or danger to any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks.

(Code 1968, § 25-112)

(a) It shall be the duty of every owner of real property situated in the city and abutting upon or adjacent to any street, avenue, boulevard, public way, highway or alley in the city to care for, cultivate, trim, prune, cut, keep and maintain, or cause to be cared for, cultivated, trimmed, pruned, cut, kept or maintained, all trees and shrubs kept, maintained, growing or planted thereon and in the parking or parkings abutting upon or adjacent to such real property in such manner that such trees and shrubs and the branches and limbs thereof shall not in any manner interfere with public travel and use of the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or obscure the vision of any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys or sidewalks, or obscure or interfere with street lighting, traffic control devices or traffic signs, or constitute a menace or danger to any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks. All such trees and shrubs shall be so planted and cultivated as not to extend lower than eight feet above the surface of any sidewalk and not lower than 14 feet from the traveled portion of any street, avenue, alley or other public way in the city. No pruning within any street or right-of-way shall be done which results in topping as prohibited in section 94-4.

(b) In case of failure of any owner of real property situated within the city to comply with the terms and provisions of subsection (a) of this section, the city shall declare such to be a nuisance, and the city may cause such trees and shrubs and the branches and limbs thereof to be removed, cared for, cultivated, trimmed, pruned and cut in such a manner and to such extent that the same shall not interfere with public travel and use of streets, avenues, boulevards, public ways, highways, alleys and sidewalks or obscure the vision of any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or obscure or interfere with street lighting, traffic control devices or traffic signs, or constitute a menace or danger to any person or persons using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks. The cost of removing, caring for, cultivating, trimming, pruning, and cutting such trees and shrubs and the branches and limbs thereof may be levied and assessed against the real property and collected in the same manner as other taxes upon such real property; provided, that before the city shall cause any trees and shrubs or the branches and limbs thereof to be removed, trimmed or cut, the city shall give at least ten days’ notice in writing to the owner or occupant of the real property abutting upon any street or other public way, requiring the obstructions arising from the trees or shrubs to be cut and removed; provided further, that where there is imminent danger or likelihood that any dead tree or shrub or any branches or part thereof is imminently dangerous and hazardous to public travel, the same may be removed by the city without any notice.

(Ord. No. 1967, § 1, 8-13-96)

(a) Upon the expiration of the ten days after receipt of the notice required by section 94-63, and in the event that the owner, occupant, or agent in charge of the real property shall neglect or fail to comply with the requirements of section 94-63, the city shall cause to be cut, and remove all trees, limbs and branches, and otherwise abate the nuisance created thereby.

(b) The city shall give notice to the owner, occupant, or agent in charge of the real property, by certified mail, of the costs of abatement of the nuisance. The notice shall state that payments of the costs are due and payable within 30 days following receipt of the notice. The cost of cutting or otherwise removal, cultivating, trimming, pruning of trees and/or shrubs shall be assessed at the rate of $100.00 per hour, or any fraction thereof required, or the actual cost incurred in abating the nuisance, whichever is greater.

(c) If the costs of removal or abatement remain unpaid after 30 days following receipt of notice, record of the costs of cutting and destruction and/or removal shall be certified to the city clerk, who shall cause such costs to be assessed against such lots or parcel of land on which the tree or shrub nuisance was so removed, and against such lots or parcels of land in front of or abutting on such street, avenue, boulevard, public way, highway, alley, and sidewalk where such tree(s) and/or shrub(s) was so removed, cultivated, trimmed, or pruned. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.

(Ord. No. 1967, § 1, 8-13-96)

The city tree board is authorized to publish the list of recommended trees for the city. No species other than those included in this list have been determined to be desirable in compatible climatology; however, should another species be desired, such species shall be reviewed with the city tree board.

(Ord. No. 2293 § 1, 2-8-05)

The spacing of street trees will be in accordance with the three species classes listed by the city tree board. No trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet. This section does not apply to spacing done in accordance with the recommendations of a landscape architect or natural resource professional.

(Ord. No. 2293 § 1, 2-8-05)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed by the city tree board. No trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.

(Ord. No. 2293 § 1, 2-8-05)

No street tree shall be planted closer than 25 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet of any fireplug.

(Code 1968, § 25-159)

No street trees other than those species listed as small trees by the city tree board may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line or other utility.

(Ord. No. 2293 § 1, 2-8-05)

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 ensure safety when servicing city utilities or to preserve the symmetry and beauty of such 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 1968, § 25-161)

The code enforcement officer of the city, or any other public officer or employee designated by the city manager to abate any nuisance described herein, is hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of abating any nuisance in a manner consistent with this chapter.

(Ord. No. 1967, § 2, 8-13-96)

It shall be unlawful for any person to interfere with, or to attempt to prevent, the code enforcement officer or designated public officer or employee from entering upon any lot or parcel of land, or from proceeding with abatement of a nuisance. Such interference shall constitute an ordinance violation.

(Ord. No. 1967, § 2, 8-13-96)