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<br />(2) When the city determines a violation has occurred, the city's written evaluation of
<br />the deficiencies shall be considered prima facie evidence in any subsequent
<br />litigation
<br />(Code 1978, § 9.24.01; Ord. No. 03-33, 9-15-2003; Ord. No. 06-25, § 2, 8-8-2006)
<br />Sec. 117-325. - Landmark trees.
<br />A landmark tree shall be any tree, public or private, that has been designated as such
<br />by the city council, after public hearing and due notice to the owner of the tree. The criteria of
<br />such designation shall include, but not necessarily be limited to, notable historical interest and
<br />value to the city because of its location or historical association with the community.
<br />(Code 1978, § 9.24.02; Ord. No. 03-33, 9-15-2003)
<br />Sec. 117-326. - Public trees.
<br />(a) Authority. The city shall have the right, but does not have the obligation, to plant, prune,
<br />maintain and remove trees, plants and shrubs within the public right-of-way of all
<br />streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to
<br />ensure public safety or to preserve or enhance the symmetry and beauty of such public
<br />grounds.
<br />(b) Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be
<br />removed by anyone, including adjacent landowners or agents of any landowner, from
<br />any city -owned land, greenways or access corridors from greenways without the
<br />permission of the city.
<br />(c) Storage upon public land. No person shall deposit, place, store, or maintain upon any
<br />public place of the municipality, any stone, brick, sand, concrete, vehicles, equipment,
<br />toxins, animals, tree carving, or other materials which may impede the free passage of
<br />water, air, or fertilizer to the roots of any tree growing therein, except by written permit
<br />of the environmental specialist.
<br />(d) Signage. It shall be unlawful for any person, firm, or public utility to attach any sign,
<br />advertisement, political endorsement or notice to any public tree.
<br />(e) Operation of equipment.
<br />(1) All maintenance equipment, implements, machines and tools shall be used or
<br />operated in such a manner as not to damage or destroy any tree, shrub or plant
<br />in any public right-of-way or park.
<br />(2) During the erection, repair, alteration or removal of any building, house or
<br />structure, in the city, any person, firm, or corporation in charge of such work shall
<br />protect any tree in any public place within the city in the vicinity of such building
<br />or structure with sufficient guards or protectors to prevent injury to such tree.
<br />(f) Notifying adjacent property owners of maintenance work. An attempt may be made to
<br />inform adjacent property owners of maintenance work on trees and landscaping along
<br />boulevards, city property, and easements. This notification will be left with direct and
<br />adjacent property owners. Suitable precautions shall be taken to protect and warn the
<br />public that spraying is being done to public trees. Spraying will be done only if following
<br />an integrated pest management plan as exemplified under such topic within the state
<br />department of agriculture.
<br />(g)
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