A. Diseased trees. When any tree located on a street or on private
property is diseased or infested with insects or is, in the opinion of the
Forester, infectious and may spread such disease or insects to other trees in
the City, the Forester may summarily abate or remove or treat the tree or cause
same to be removed or treated at the property owner’s expense.
B. Regulations regarding root interference with sewers and damage to
curbs and sidewalks are set forth in Title 17, Public Improvements, of the Code
of the City of Portland.
C. The Forester may abate or remove or cause to be abated or removed
any tree located in the street area or which encroaches from private property
into the street area because of age, disease or other debilitating cause, death,
insecure root system or any other condition which, in the opinion of the
Forester, causes its continued existence to be detrimental to the public
interest. The Forester may require that the removed tree be replaced with a new
tree at the expense of the property owner.
D. It shall be unlawful for any person, without a prior written permit
from the Forester, to remove, destroy, cut, break, or injure any tree, or to
remove, except as provided in this Chapter, any tree that is planted or growing
in or upon any street, park or public area or cause or authorize or procure any
person to do so; or injure, misuse or remove any device set for the protection
of any tree in or upon any street.
E. The approval of a tree removal by the Forester may be conditioned on
replacement with a new tree of approved variety if the Forester finds the
replacement necessary to maintain an ornamental tree system on the street, block
or portion thereof.
If approval by the Forester is so conditioned the tree removal permit shall
contain such condition. Cost of replacement is the responsibility of the
property owner. If the tree is not replaced in a timely manner, the Forester may
plant or cause to be planted the approved tree or trees and assess the costs to
the permittee and/or the property owner responsible for maintaining the tree
under Section 20.40.080 of the Code of the City of Portland.