For use in this chapter, “parking” means that part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line or, on unpaved streets, that part of the street, avenue, or highway lying between the lot line and that portion of the street usually traveled by vehicular traffic.

   No tree shall be planted in any parking or street except in accordance with the provisions of the latest published versions of the Urban Design Standards for Public Improvements and the Urban Standard Specifications for Public Improvements.

   The owner or agent of the abutting property shall keep the trees on, or overhanging the street, trimmed so that all branches will be at least 14 feet above the surface of the street and eight feet above the sidewalks. If the abutting property owner fails to trim the trees, the City may serve notice on the abutting property owner requiring that such action be taken within five days. If such action is not taken within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.

   Except as allowed in Section 151.03, it is unlawful for any person to trim or cut any tree in a street or public place unless the work is done under the supervision of the City.

   Any dead, diseased, or damaged tree or shrub that may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance.

   The Council shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased, or damaged, and such trees and shrubs shall be subject to the following:

   1.   City Property. If it is determined that any such condition exists on any public property, including the strip between the curb and the lot line of private property, the Council may cause such condition to be corrected by treatment or removal. The Council may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon. In no case shall the property owner be required to remove diseased trees or dead wood on the publicly owned property or right-of-way.

   2.   Private Property. If it is determined with reasonable certainty that any such condition exists on private property and that danger to other trees or to adjoining property or passing motorists or pedestrians is imminent, the Council shall notify by certified mail the owner, occupant, or person in charge of such property to correct such condition by treatment or removal within 14 days of said notification. If such owner, occupant, or person in charge of said property fails to comply within 14 days of receipt of notice, the Council may cause the condition to be corrected and the cost assessed against the property.

   At intersections, all trees and shrubbery shall be so trimmed and pruned as to give clear vision to all vehicular traffic approaching from any direction.

   Any trees on private property or within a lot line which overhang any sidewalk, alley, street, or public place, and which, in so overhanging, endangers life or property, may be cut or trimmed by the City and the cost thereof assessed to the adjoining property after first giving the property owner upon which trees are situated 10 days’ notice to cut or trim said overhanging branches, and the property owner’s failure to comply with said notice. If there is immediate danger of injury by reason of overhanging branches, City may cut or trim said branches without notice to the property owner.