§ 20¼-5. Permits.
(a)
Scope of requirement. No person except the arborist, an agent of the arborist, or a contractor hired by the arborist may perform any of the following acts without first obtaining from the arborist a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1)
Plant on city-owned property, or treat, prune, remove, or otherwise disturb any tree, shrub, or other plant located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city-owned property from watering or fertilizing without a permit any tree, shrub, or other plant located on such city-owned property;
(2)
Trim, prune, or remove any tree or portions thereof if such tree or portions thereof reasonably may be expected to fall on city-owned property and thereby cause damage to persons or property;
(3)
Place on city-owned property, either above or below ground level, a container for trees, shrubs, or other plants;
(4)
Damage, cut, tap, carve, or transplant any tree, shrub, or other plant located on city-owned property;
(5)
Attach any rope, wire, nail, sign, poster, or any other man-made object to any tree, shrub, or other plant located on city-owned property;
(6)
Dig a tunnel or trench on city-owned property.
(b)
Issuance. Within seven days of receipt of the application, the arborist shall issue a permit to perform within 30 days of the day of issuance any of the acts specified in parts (a), and (b), immediately above, for which a permit is requested whenever;
(1)
Such acts would result in the abatement of a public nuisance, or;
(2)
Such acts are not inconsistent with the development and implementation of the urban forestry plan or with any regulation or standard of the arboricultural specifications manual, and whenever;
(3)
An application has been signed by the applicant and submitted to the arborist detailing the location, number, size, and species of trees, shrubs, or other plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used, and presenting any additional information that the arborist may find reasonably necessary;
(4)
The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the urban forestry plan and with the regulations and standards set forth in the arboricultural specifications manual;
(5)
The applicant certifies that he or she has read and understands those provisions of the urban forestry plan, this chapter and of the arboricultural specifications manual which are pertinent to the work for which the permit is sought; and
(6)
If the work for which a permit is issued entails the felling of any tree or part thereof, located on private property, which, as a result of such felling, reasonably may be expected to fall upon city-owned property, and if such felling is done by one other than the owner of the property on which such felling is done, then the applicant shall agree to indemnify and to hold the city harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the city clerk a liability insurance policy in the amount of $100,000.00 per person/$300,000.00 per accident for bodily injury liability and $50,000.00 aggregate for property damage liability, which policy shall name the city as an additional insured.
(Ord. No. 640, § 5, 12-4-95)