§ 168.08 Trees And Plant Materials

A. Forestry Administration: City Staff shall have the authority to regulate the planting, maintenance and removal of trees and plant materials on streets and public places in order to ensure public safety and protect public places.

B. Container Planting:

1. Approval and Permit required: No person shall establish a container either above or below ground for trees and plant materials on public places without approval of the city council. Following city council approval, a permit will be issued by the city. Containers and their maintenance become the responsibility of the abutting property owner.

2. Maintenance Required; Notice to Remove or Replant: All containers and trees and plant materials shall be maintained to quality and design standards as required by the City. Failure to properly maintain containers and trees and plant materials may result in a notice to replant or remove to be issued in writing by city staff. Failure to comply with the written notice may result in the city’s removing, with costs to be assessed against the abutting property owner, after written notice in the same manner as a property tax as provided in chapter 364, code of Iowa as amended.

C. Felling trees in public places: Trees or branches which are felled or trimmed into public places must be removed as directed by the city manager or designee.

D. Damage to trees or plant materials prohibited:

1. No person shall damage, move, remove, or otherwise injure or vandalize any trees or plant materials located within public places.

2. Trees and plant materials near any excavation or construction of any building or structure shall be adequately protected as determined by the city.

E. Nuisances:

1. Generally: Any tree or plant material so placed as to substantially interfere with pedestrian traffic is a public nuisance.

2. Cotton Bearing Trees: cotton bearing cottonwood trees and all other cotton bearing poplar trees are deemed a public nuisance as provided by the code of Iowa, as amended.

F. Trimming Trees and Plant Materials: Trees or plant materials on public or private property abutting on any street or public place shall be trimmed to a sufficient height to allow free passage of pedestrian and vehicular travel as required by standards established by the city.

G. Public utility installations: Work performed by a public utility company under a permit issued under 16.09(J) to treat trim or remove trees or plant materials on or within a public place shall be performed in accordance with the standards set by the city. The city may assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public utility.

H. Improper planting of trees and plant materials. Whenever any tree or plant materials shall be planted within a public place contrary to standards established by the city, the city may require its removal or replanting. Failure to so remove or replant may result in the city’s removing with costs to be assessed against the abutting property owner, after written notice in the same manner as a property tax as provided in chapter 364, code of Iowa as amended.

I. Arboricultural Specifications and standards of practice The city staff is hereby authorized to establish specific standards governing the planting, selection of species, support, treatment of root systems, trimming, spraying, removal, filling of cavities and bracing for all trees and plant materials in, on or within public places.

J. Permits for Work on Public Places

1. Permit required. No person except the city or a person hired by the city shall treat, plant, trim, remove or otherwise disturb any tree or plant material on any street or public place without first obtaining a permit from the city.

2. Storage of materials that may inhibit growth. No person shall deposit, place, store or maintain upon any street or public place any stone bricks and concrete or other material which may impede the free passage of water air and fertilizer to the roots of any trees or plant materials growing therein except upon approval of the city.

3. Public utility installations. All permits issued for the installation of public utilities that affect public trees or public plant materials shall first be approved by the city. A public utility may be issued a permit to treat trim or remove any tree or plant material on any street or public place.

K. Interference with City Staff. No person shall interfere with the city staff in carrying out the duties of this section.

1. Forestry Administration. City staff shall have the authority to regulate the planting, maintenance and removal of trees and plant materials on streets and public places in order to ensure public safety and protect public places.

2. Container Planting.

A. Approval and Permit Required. No person shall establish a container either above or below ground for trees and plant materials on public places without approval of the Council. Following Council approval, a permit will be issued by the City. Containers and their maintenance become the responsibility of the abutting property owner.

B. Maintenance Required; Notice to Remove or Replant. All containers, trees, and plant materials shall be maintained to quality and design standards as required by the City. Failure to properly maintain containers, trees, and plant materials may result in a notice to replant or remove to be issued in writing by City staff. Failure to comply with the written notice may result in the City’s removing, with costs to be assessed against the abutting property owner, after written notice in the same manner as a property tax as provided in Chapter 364 of the Code of Iowa.

3. Felling Trees In Public Places. Trees or branches which are felled or trimmed onto public places shall be removed as directed by the City Manager or designee.

4. Damage to trees or plant materials prohibited:

A. No person shall damage, move, remove, or otherwise injure or vandalize any trees or plant materials located within public places.

B. Trees and plant materials near any excavation or construction of any building or structure shall be adequately protected as determined by the City.

5. Nuisances. (See Chapter 50)

A. Generally. Any tree or plant material so placed as to substantially interfere with pedestrian traffic is a public nuisance.

B. Cotton Bearing Trees. Cotton bearing cottonwood trees and all other cotton bearing poplar trees are deemed a public nuisance as provided by the Code of Iowa.

6. Trimming Trees and Plant Materials. Trees or plant materials on public or private property abutting any street or public place shall be trimmed to a sufficient height to allow free passage of pedestrian and vehicular travel as required by standards established by the City.

7. Public Utility Installations. Work performed by a public utility company under a permit issued under Section 168.08(10) to treat, trim, or remove trees or plant materials on or within a public place shall be performed in accordance with the standards set by the City. The City may assign an Inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public utility.

8. Improper Planting of Trees and Plant Materials. Whenever any tree or plant materials shall be planted within a public place contrary to standards established by the City, the City may require its removal or replanting. Failure to so remove or replant may result in the City’s removing with costs to be assessed against the abutting property owner, after written notice in the same manner as a property tax as provided in Chapter 364 of the Code of Iowa.

9. Arboricultural Specifications and Standards of Practice. City staff is hereby authorized to establish specific standards governing the planting, selection of species, support, treatment of root systems, trimming, spraying, removal, filling of cavities, and bracing for all trees and plant materials in, on or within public places.

10. Permits for Work on Public Places.

A. Permit required. No person, except the City or a person hired by the City, shall treat, plant, trim, remove, or otherwise disturb any tree or plant material on any street or public place without first obtaining a permit from the City.

B. Storage of Materials that May Inhibit Growth. No person shall deposit, place, store, or maintain upon any street or public place any stone, bricks, and concrete or other material which may impede the free passage of water, air, and fertilizer to the roots of any trees or plant materials growing therein except upon approval of the City.

C. Public Utility Installations. All permits issued for the installation of public utilities that affect public trees or public plant materials shall first be approved by the City. A public utility may be issued a permit to treat, trim, or remove any tree or plant material on any street or public place.

11. Interference with City Staff. No person shall interfere with the City staff in carrying out the duties of this chapter.