As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

Department, unless the context specifies or clearly indicates otherwise, means the department of business and neighborhood services.

Director, unless the context specifies or clearly indicates otherwise, means the director of the department of business and neighborhood services, or his or her designee.

Division of construction and business services or division means the division of construction and business services of the department of business and neighborhood services.

Flora means all trees, shrubbery and other plants that grow to a height of more than twelve (12) inches, but expressly excluding weeds and grasses of all types.

Occupant means the person, firm, partnership, association, corporation, business trust, joint stock company, unincorporated organization, religious or charitable organization or any owner, person, persons or entities who are from time to time in possession of or exercising dominion and control over any house or other structure located on private property.

Owner means any one (1) or more of the following:

(1)

The owner or owners in fee simple of a parcel of real estate, including the life tenant or tenants;

(2)

The record owner or owners as reflected by the most current records in the county assessor's office; or

(3)

The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.

Private property means all real estate within the city, except real estate that is owned, leased, controlled or occupied by the state, the county, the city or any departments or agencies thereof.

Tree, when used by itself, means any woody, perennial plant and includes those having a single main stem that grows to a minimum height of over ten (10) feet.

(Code 1975, § 30-1; G.O. 44, 2009, § 11; G.O. 63, 2009, § 94; G.O. 10, 2010, § 1; G.O. 41, 2016, § 2)

It shall be the duty of the department of business and neighborhood services to enforce the provisions of this chapter, and prosecutions by the city for violations hereof may be initiated by the department, or the director through or in cooperation with the office of the city prosecutor.

(Code 1975, § 30-2; G.O. 63, 2009, § 94; G.O. 10, 2010, § 1; G.O. 41, 2016, § 2)

(a)

The department of public works may adopt such reasonable rules and regulations for the location and control of flora in or upon all public streets, alleys, ways, places and parks in the city. Hereafter, no tree shall be planted in any public street, alley, way, place or park in the city less than fifty (50) feet from any other tree planted along the same street, alley, way, place or public park or at a distance of less than two (2) feet from any established sidewalk or curb bordering any public street, alley, way or place, except by written permission of or as may be otherwise determined by the department of business and neighborhood services.

(b)

The department of public works shall control all flora now growing, or at any time grown in or on any public street, alley, way, place or park and shall also control the maintenance, removal or relocation thereof. Also, the department of public works shall have the authority to perform trimming and cutting of flora in or obstructing any public street, alley or way as may be necessary or desirable to facilitate traffic movement and safety, or to provide unobstructed vision or free passage of pedestrians or motorists along the streets or public ways.

(Code 1975, § 30-3; G.O. 15, 2001, § 139; G.O. 10, 2010, § 2; G.O. 41, 2016, § 2)

(a)

No person shall plant any shade or ornamental flora on or in any portion of a public street, alley, right-of-way, place or park in the city, unless the department, after consultation with the department of parks and recreation and the department of public works, shall have first approved the kind or variety thereof and designated the location therefor, and a special permit for such planting has been issued by the division of construction and business services. Trees must be of high quality and suitable species to be planted on public grounds. Trees to be planted must be well-formed, have a straight trunk, evenly balanced crown, and healthy appearance. The department shall have the power to set forth any further specifications required and may alter methods of planting, reject any tree or tree species, or suspend the right of a permit holder to plant, for any reason and without advance notice. The department will determine tree pit depth and width, and whether fertilizer, peat moss or other additives are necessary. The department must have at least forty-eight (48) hours' advance notice prior to any excavation. The department shall have continuing control over any flora planted. Any permit required by the provisions hereof shall not obviate the requirements for obtaining any other permits or licenses required by any other ordinances or statutes of the state.

(b)

Any flora planted pursuant to subsection (a) shall be watered, staked, wrapped, sprayed, trimmed or fenced by guards or gratings by the permit holder when deemed necessary by the department. Trees must be watered at least once per week in dry weather during the first year after planting. The permit holder shall guarantee the survival of each tree planted for one (1) year after the planting date. Any tree not surviving for one (1) year must be replaced, either by the permit holder or by the city, at the permit holder's expense. After a period of one (1) year, all flora planted becomes the property of the city and all care and maintenance becomes the responsibility of the city.

(c)

No person shall perform any arboricultural work on any shade or ornamental flora on or in any portion of a public street, alley, right-of-way, place or park in the county, unless the division of construction and business services shall have first granted a special permit indicating the approved activity on each designated flora. All work on city owned trees, including trimming, pruning, protecting, bracing, relocating, cultivating, spraying or removing, will be allowed only when permitted by the division.

(d)

For purposes of this chapter, any person obtaining an encroachment permit from the city for the sole purpose of planting any flora pursuant to this section will not be required to pay the encroachment license fee once the flora becomes the property of the city.

(Code 1975, § 30-4; G.O. 63, 2009, § 95; G.O. 10, 2010, § 3; G.O. 41, 2016, § 2)

(a)

The following tree species shall not be used by anyone for planting along any public street, alley, or right-of-way in the city: Acer negundo (box elder), Acer saccarinum (silver maple), Ailanthus altissima ("tree of heaven" or stink tree), Alnus glutinosa (European alder), Betula papyrifera ( paper birch), Betula pendula (European white birch) Catalpa bignoniodes (southern catalpa), Elaeagnus species (Russian-olive), Morus species (mulberries), Platanus occidentalis (American planetree or American sycamore) Populus nigre 'Italica' (Lombardy poplar), Populus deltoides (cottonwood), Populus eugenei (Carolina poplar), Quercus palustris (pin oak), Salix species (all willows) or Ulmus pumila (Siberian elm). Other species of trees or growths may at any time and from time to time be excluded by the department. The department may, upon written request, approve the planting of the above prohibited species if the species is appropriate to the specific site and its surroundings and is compatible and consistent with the intent of this chapter.

(b)

The city shall not place, nor permit to be placed, any tree or flora that will cause or tend to cause a hazardous or unsafe condition.

(Code 1975, § 30-5; G.O. 10, 2010, § 4)

(a)

The owner of any private property in the city that borders or lies adjacent to any public street, alley, right-of-way, place or park and upon which any trees or flora may be standing shall trim or cause such trees or flora to be trimmed, either at the property line, or to a clear height of at least eight (8) feet above the surface of any abutting right-of-way or place, and fourteen (14) feet above any public street or alley. All branches or parts thereof that overhang any portion of a public street, alley, right-of-way, or place, or that obstruct or interfere with the passage of light from any street lighting system, shall be trimmed or cut. No person shall plant or maintain any tree or flora so close to any property line as to obstruct the vision or free passage of pedestrians or motorists along the streets or public right-of-way. The department of public works or its contractual agent or agents may enter upon private property to do such cutting or trimming as may be necessary to remove any offending and obstructing tree or flora that is prohibited by the provisions hereof.

(b)

An owner shall, and the city may, remove from flora all dead, decayed, broken or dangerous limbs, branches or parts thereof or any that overhang or are close to any public street, alley, right-of-way, or place, and, when any such flora is dead, the owner shall completely remove the same, or after notice to and failure of the owner so to do, the department of public works or its lawful agents may cause such removal and charge the cost thereof to the owner in accordance with the procedures hereinafter provided.

(Code 1975, § 30-6; G.O. 10, 2010, § 4)

(a)

No person shall damage, remove, deaden, destroy, break, carve, cut, deface, trim or in any way injure or interfere with any flora that is located in or on any public street, alley, right-of-way, place or park within the city without the written consent of the division of construction and business services first obtained, except as may be necessary in an emergency to remove or abate any dangerous or unsafe condition.

(b)

No person owning or controlling any public utility lines that are upon, above or below the earth's surface and are within the right-of-way of any public street, alley, right-of-way, or placein the city shall trim any flora or cause it to be trimmed or its roots to be cut or excavate below the earth's surface within drip line feet of any existing flora without first having submitted to the department a plan of the work to be done and receiving a permit therefor.

(Code 1975, § 30-7; G.O. 15, 2001, § 140; G.O. 10, 2010, § 4; G.O. 41, 2016, § 2)

(a)

No person shall move any building or structure on, upon or along any public street, alley, way or place or within any public park in the city without first obtaining a special permit from the division of construction and business services and then only in such manner as shall not damage or destroy any flora. The application for such permit shall identify the building or structure to be moved and the proposed route over which it is to be moved.

(b)

In the event it becomes necessary to relocate, trim, care or replace any flora in or upon any public street, alley, way, place or public park in the city because of the removal or transportation of any building or structure, such relocation, trimming, care or replacement shall be done by the department of public works or its agents or, when directed by the department of public works, by any person upon his or her own premises at the expense of the applicant. Should such relocation, trimming, care or replanting of any such flora or any acts in the moving of any building or structure result in the death of any such flora within one (1) year from the date of such moving, the applicant shall replace such flora at his, her or its expense, as may be required by the department of business and neighborhood services. Before any such permit is granted, the applicant shall either (1) execute an indemnity bond with surety to the satisfaction of the department of business and neighborhood services or (2) deposit a cash bond with the department of business and neighborhood services equal to one hundred fifty dollars ($150.00) per tree and a like sum for all flora combined that it is anticipated will be adversely affected by any such move. The bonds so deposited shall be retained by the department of business and neighborhood services until all flora or its replacement has been provided for and all damage sustained remedied to the reasonable satisfaction of the department of business and neighborhood services.

(Code 1975, § 30-8; G.O. 63, 2009, § 96; G.O. 10, 2010, § 5; G.O. 41, 2016, § 2)

In connection with the erection, alteration or repair of any building or structure, or other construction activity, the owner thereof, or his or her agent or independent contractor, shall take all necessary steps to prevent injury to any flora growing in any public street, alley, way, place or public park.

(Code 1975, § 30-9; G.O. 10, 2010, § 6)

It shall be unlawful for any person to fasten or attach in any manner to any flora growing in any public street, alley, way, place or park any rope, sign, poster or handbill or other object or animal or pet, or in any other way to injure or deface or permit any animal to injure or deface any such flora.

(Code 1975, § 30-10; G.O. 10, 2010, § 6)

Cross reference— Animals and fowl generally, ch. 531.

It shall be unlawful for any person to remove, damage or misuse any guard or device at any time placed around or intended to protect any flora growing in or on any public street, alley, way, place or park in the city without the written consent of the department first obtained.

(Code 1975, § 30-11; G.O. 10, 2010, § 6)

Without the prior written consent of the department, no person shall place or maintain upon the ground in or on any public street, alley, way, place or park in the city, any stone, cement or other articles or material, or permit soil compaction, the effect of any of which might be to injure or impede the free passage of water and air to the roots of any flora growing in any such public street, alley, way, place or park without leaving an open space of ground of not less than two (2) feet in width around the flora. Whenever there is no such open space about any existing flora in or on any public street, alley, way, place or park, the department of public works may create such open space as it deems necessary; provided only that, in so doing, the department of public works shall not damage, destroy or obstruct the whole or any part of any existing sidewalk, curb or pavement.

(Code 1975, § 30-12; G.O. 10, 2010, § 6)

Without the written consent of the department, no person shall attach any electric wire, insulator or other device for holding an electric wire to any flora growing in or on any public street, alley, way, place or park in the city. So far as practicable, every person owning or maintaining any wire or wires charged with electricity shall securely fasten and place them so that they will not damage or come in contact with any flora in or on any public street, alley, way, place or park or constitute a hazard to any person or animal, all in accordance with established safety standards.

(Code 1975, § 30-13; G.O. 10, 2010, § 6)

It shall be unlawful for any person in the city to willfully damage or destroy any flora or to use any chemicals of any kind, or other hazardous materials, that in any way tend to damage, destroy or kill flora in or on any public street, alley, way, place or park.

(Code 1975, § 30-14; G.O. 10, 2010, § 6)

The department of public works shall have the exclusive authority to destroy flora in or on public streets, alleys, ways, places and parks if infected by disease or injurious insects or if, in the judgment of the department of public works, it represents a dangerous condition or hazard to the public. Such destruction may also be effected when necessary for the protection of other flora or in any other case when the public safety, health or welfare is or may be adversely affected.

(Code 1975, § 30-15; G.O. 10, 2010, § 6)

Every special permit issued by the division of construction and business services under the provisions of this chapter shall specifically describe the work to be done, and, except for persons holding annual permits for work of such nature, all permits shall expire by law sixty (60) days after date, unless extended by the division. No charge shall be made for any specials permit, unless otherwise provided by ordinance.

(Code 1975, § 30-16; G.O. 63, 2009, § 97; G.O. 10, 2010, § 7; G.O. 41, 2016, § 2)

No person shall hinder, prevent, delay or interfere with the department of public works, or any of its agents, in the planting, maintenance or removal of any flora that may be growing in or on any public street, alley, way, place or park in the city or in the removal of any stone, cement or other materials or articles from or about the trunk or stem of any flora that may be growing in or about any public street, alley, way, place or park or otherwise interfere with the department of public works or the department of business and neighborhood services in the performance of any other duty prescribed by the provisions of this chapter.

(Code 1975, § 30-17; G.O. 10, 2010, § 8; G.O. 41, 2016, § 2)

If the department determines that a violation of sections 701-3 through 701-6, inclusive, of this chapter, exists upon private property or property owned by the United States Government that is occupied, the director of the department or his or her designee (hereinafter referred to as the "responsible party") may give a preliminary notice to the owner or occupant of such property, either verbally or by posting the notice on the property. Such preliminary notice shall state the nature of the alleged violation, the action deemed necessary to correct the condition complained of and fix a date not sooner than two (2) calendar weeks thereafter, when the property will be reinspected to determine if compliance has been effected. If, upon reinspection, it is determined that the violation has been corrected, the owner or occupant shall not be liable for any charges by reason of the preliminary notice procedure.

(Code 1975, § 30-18; G.O. 10, 2010, § 8)

If any violation of sections 701-3 through 701-6, inclusive, is not corrected as a result of the preliminary notice, or no preliminary notice is given, or the condition exists on a vacant lot or unoccupied improved real estate, the department shall give to the owner or owners of such real estate written notice of the existence of the condition. Such notice shall be given by, first-class mail, directed to the owner at his or her last and usual place of residence as determined by the records of the county assessor's office. The notice shall state the nature of the violation, describe the real estate upon which the condition exists, demand the abatement of the condition and set a date, not sooner than two (2) calendar weeks after the date of such notice, when the property shall be reinspected to determine if abatement has been effected.

(Code 1975, § 30-19; G.O. 10, 2010, § 8)

If, upon reinspection of the offending real estate, it is determined by the responsible party that abatement has not occurred, the responsible party, or its contractual agent, shall enter upon such private property or property owned by the United States Government and abate the offending condition.

(Code 1975, § 30-20; G.O. 10, 2010, § 8)

For its services rendered in the enforcement of this chapter to any owner or owners, the owner or owners so affected shall pay to the department of business and neighborhood services, the department of public works or the treasurer of the county the following fees and charges:

(1)

Ten dollars ($10.00) for each inspection to determine compliance with the provisions of this chapter;

(2)

Eight dollars ($8.00) for determining property ownership;

(3)

Any out-of-pocket costs for publication of notice pursuant to section 701-19;

(4)

Ten dollars ($10.00) for services performed in perfecting a lien;

(5)

Three dollars ($3.00) for each time a first class letter is mailed to an owner or owners;

(6)

Five dollars ($5.00) for preparing and sending a certified letter;

(7)

Ten dollars ($10.00) per man hour, or fraction thereof, for services rendered in the abatement of a violation; and

(8)

The actual costs incurred by the department of public works for the use of each piece of equipment used for abating a violation.

(Code 1975, § 30-21; G.O. 10, 2010, § 8; G.O. 41, 2016, § 2)

(a)

The failure of any person, firm, corporation or partnership or any officer or director thereof to fail, refuse or neglect to abate or otherwise correct a condition on private property that exists in violation of this chapter, after notice thereof in accordance with the terms hereof, shall be deemed to be an ordinance violation, and, upon conviction thereof, any such person, firm, corporation or partnership or an officer or director thereof may be punished by a fine of not to exceed five hundred dollars ($500.00). Moreover, to the extent that a violation of this chapter results in the loss or damage to any flora, the person, firm, corporation or partnership, or an officer or agent thereof responsible for such loss or damage, may be additionally required to make restitution to the extent of such loss or damage.

(b)

Any person, firm, corporation or partnership or any officer or director thereof who violates any provision of this chapter with respect to trees or flora on public property shall be subject to the enforcement provisions of section 701-24.

(Code 1975, § 30-23; G.O. 10, 2010, § 8)

It shall be the duty of the director of the department of public works to promulgate such reasonable rules, regulations and specifications as may be necessary to the proper enforcement of this chapter.

(Code 1975, § 30-24; G.O. 10, 2010, § 8)

(a)

The department and its division of construction and business servicess, and the department of public works, shall have the right to inspect all trees and flora covered by this chapter for compliance with this chapter and the regulations promulgated pursuant hereto.

(b)

Any violations of this chapter or of the regulations promulgated pursuant hereto, not otherwise covered in section 701-18 through 701-22, shall be subject to the penalties of section 103-3 of this Code and shall carry a fine of one hundred dollars ($100.00) per day for a maximum period of twenty-five (25) days.

(c)

In addition to the penalties prescribed in subsection (b), the department may enjoin or abate any violation of this chapter by appropriate action.

(d)

The department may take appropriate legal action including, but not limited to, an action to recover attorney's fees.

(Code 1975, § 30-25; G.O. 63, 2009, § 98; G.O. 10, 2010, § 8; G.O. 41, 2016, § 2)