Sec. 14-55. - Same—Authority.

(a)

The city forester shall have the authority and jurisdiction of public and protected trees to insure public safety, preserving, protecting the value and health of the city's urban forest as a whole.

(b)

The city forester shall consider the existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites and when issuing permits for tree work, removal, or planting.

(c)

The city forester shall have the responsibility of regularly updating a master systemized tree management and planting program.

(d)

The city forester shall have the authority to review all requests for permits for any planting, removal, pruning, and/or trimming or cutting of trees in any public area, with the exception of an historic or protected tree. The city forester shall also have the authority to grant or deny and to attach reasonable conditions to all permits with the exception of those specifically exempted in this article.

(e)

The city forester shall enforce such rules, regulations and permit and penalty procedures as are deemed necessary to enforce the intent of this article.

(f)

The city forester or his agents, under the power given in this article, may cause or order to be removed, trimmed, or treated, any tree or part thereof on private grounds which is in an unsafe condition so that it poses a threat to the public or public property or which by reason of its nature is injurious to sewers or other public improvements or right-of-way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the city's urban forest.

(g)

The city forester or his agents shall have the power to cause or order to be treated, any tree infested by a parasite insect or pest, when it shall be deemed necessary in his opinion to do so to prevent danger therefrom to persons or property, or to trees planted in the public streets or other public places. Due notice shall be given to the property owner prior to any action on the part of the city forester.

(h)

Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she may appeal it to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within five days after the hearing, the tree warden shall render his or her decision granting or denying the appeal (R.I.G.L. § 2-14-8).

Any appeal of a decision of the city forester shall be brought before the tree commission, as articulated in subsection (a) of this section, within five business days of the decision.

(Rev. Ords. 1987, § 14-57; Ch. 442, § IV, 12-18-07)