Sec. 78-3. - Tree warden; authority of city to treat or remove trees on private grounds.

(a)

Appointment and qualifications of tree warden. The tree warden shall be appointed by the city tree commission. This person shall have training and experience in arboriculture and shall have passed the state arborist exam.

(b)

Duties of tree warden.

(1)

The tree warden shall affirm and endorse the purpose and intent of the city tree preservation and protection ordinance and shall cause the provisions of this chapter to be enforced.

(2)

The tree warden shall, with the advice of the tree commission and the approval of the city council, prepare and enact a systemized tree management and annual tree planting program for the city, which shall be prepared as an integral part of a master systemized tree management and tree planting plan which shall be adopted with five years of the inception of this chapter.

(3)

The tree warden is further charged with keeping informed of environmental and technical changes that could affect the city's public and protected trees.

(4)

It shall also be the duty of the tree warden to implement such rules, regulations, and permit and penalty procedures as are deemed necessary to carry out the intent and enforcement of this chapter.

(5)

The tree warden shall communicate and work with all civic and public interest groups interested in or devoted to tree care, preservation or planting.

(c)

General authority of tree warden.

(1)

The tree warden shall have the authority and jurisdiction of regulating and enacting the maintenance, removal and planting of public and protected trees to ensure public safety, preserving the aesthetics of public sites with regard to trees, and protecting the value and health of the city urban forest as a whole.

(2)

The tree warden 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.

(3)

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

(4)

The tree warden 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. He/she shall also have the authority to grant or deny and to attach reasonable conditions to all permits with the exception of those specifically exempted herein.

(5)

The tree warden shall enforce such rules, regulations, and permit and penalty procedures as are deemed necessary to enforce the intent of this chapter.

(d)

Authority of city to treat or remove trees on private grounds.

(1)

The tree warden or his/her agent, under the power herein given, 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 public or public property, or which by reason of its nature is injurious to sewers or other public improvements or rights-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.

(2)

The tree warden or his/her agents shall have the power to enter upon any private grounds in the city to treat or cause or order to be treated any tree infested by a parasite, insect or pest when it shall be deemed necessary in his/her opinion to do so to prevent the breeding of any parasite or animal pest and to prevent danger therefrom to person or property or to trees planted in the public street or other public places. Due notice shall be given to the property owner prior to any action on the part of the tree warden.

(3)

It shall be unlawful for any person to hinder, prevent, delay or interfere with the tree warden or any work being done by an employee of the city, while engaged in the lawful execution of this chapter. This shall not be construed as an attempt to prohibit the pursuit of any legal or equitable remedy in a court of competent jurisdiction.

(Code 1971, § 25-4)