Article II — ROADSIDE TREES

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"City streets or highways"

means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way, or any portion thereof, of the city.

"Owner"

means the legal owner of real property fronting on any city street, and any lessee of such owner. (Ord. 37 § 4; Code 1997 § 29-9)

It is for the best interests of the city and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in city streets should be developed and established, and this article is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees.

(Ord. 37 § 4; Code 1997 § 29-10)

The director of public works or his duly authorized representative shall be charged with the enforcement of this article.

The director of public works shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the city streets and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof. (Ord. 37 § 4; Code 1997 § 29-11)

No person other than the director of public works or his duly authorized agent or deputy shall cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any city street, or cause the same to be done unless a written permit to do so shall have first been obtained from the director of public works. Any such permit may be declared void by the director of public works if its terms are violated.

(Ord. 37 § 4; Code 1997 § 29-12)

Any person doing business as a public utility subject to the jurisdiction of the State Public Utilities Commission may obtain a permit from the director of public works, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing upon the city streets, or which grow upon private property to the extent that they encroach upon such public highways, as may be necessary to comply with the safety regulations of the director of public works and as may be necessary to maintain the safe operation of its business. (Ord. 37 § 4; Code 1997 § 29-13)

No person other than an owner or public utility may do any act for which a permit is required under SLTCC § 6.50.130 except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the director of public works, is qualified for such business and who has obtained a permit to carry on such business in the city from the director of public works permits issued pursuant to this section may be granted for a period of one year from the date of issuance.

(Ord. 37 § 4; Code 1997 § 29-14)

No person shall break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any city street, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the director of public works to do so. (Ord. 37 § 4; Code 1997 § 29-15)

The director of public works may inspect any tree upon, or which overhangs, any city street to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such city street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any highway that, in the opinion of the director of public works, endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within 10 days after receipt of written notice thereof from the director of public works, the director of public works shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.

(Ord. 37 § 4; Code 1997 § 29-16)

Any person aggrieved by any act or determination of the director of public works in the exercise of the authority granted in this article may appeal said decision pursuant to Chapter 2.35 SLTCC. (Ord. 37 § 4; Ord. 1105 § 1 (Exh. B); Code 1997 § 29-17)