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 insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city 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 2019)

Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.

(Code 2019)

Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.

(Code 2019)

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.

(Code 2019)

No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, to prevent the spread of the tree disease.

(Code 2019)

(a)   Every owner of any tree overhanging any street or right-of-way or located within the right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and there shall be a clear space of 8 feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs of any other tree(s) or parts thereof which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.

(b)   Any owner or occupant of any property falling to prune any tree(s), shrubs(s) or bush(es) in conformity with this article shall be notified by the city to do so and such notice shall require pruning in conformity with this article within 30 days after the date of such notice. Upon the expiration of such period, the city clerk may cause the pruning to be done and the cost thereof may be collected from the owner of the property in any manner provided by law and/or as stated in section 6-608 below. The owners, within 7 days of the notice, may request a hearing with the governing body regarding and/or covering the ordered pruning. In the event of failure of owners to comply with such provisions, the city shall have the authority to prune the trees and charge the cost of pruning on the owner(s) property tax notice.

(c)   The city shall have the right to treat and/or to cause the removal of any dangerous, dead or diseased trees on private property and/or city right-of-way within the city, when such trees constitute a hazard, as determined by the chief of police or the governing body, to life and/or property. The city will notify in writing the owner(s) of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing with the city governing body regarding and/or covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost thereof may be collected from the owner of the property in any manner provided by law and/or as stated in 6-608.

(Code 2019)

The city shall have the authority to treat or to remove any tree as defined in section 6-601 of this article, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.

(Code 2019)

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 6-604:606 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(Code 2019)

No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

(Code 2019)

No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.

(Code 2019)

(a)   It shall be unlawful for any person to set out any fruit bearing tree in any street, parking grounds or any public parks of the city.

(b)   It shall be unlawful for any person to pick, destroy, carry away, or in any way interfere with any part of the fruit of any plant, tree or vine belonging to and standing on or attached to the land of another.

(Code 2019)

Any person who shall willfully injure or destroy any plant, tree, or vine, the property of another, standing on or attached to the land of another or who shall pick, destroy or carry away therefrom or in any way interfere with any part of the fruit thereof shall upon conviction thereof be fined not more than $500.00; provided, that the mayor may authorize a reasonable trimming of trees for service wires.

(Code 2019)

No fence of any kind or nature, including but not limited to hedge fences, and fences made from trees, shall be permitted upon the street right-of-way within the city limits of the city. Any person convicted of violating this section shall be fined a sum of not more than $500.00.

(Code 2019)