(New section substituted by Ord. No. 165530, amended by 166542, May 19,
A. The Forester shall prepare or cause to be prepared as soon as
possible after passage of this Section and annually thereafter, a list of trees
within the City which, because of their age, size, type, historical association
or horticultural value, are of special importance to the City. Upon
recommendation of the Urban Forestry Commission, the Council may designate such
a tree a "Heritage Tree", provided that the tree’s health aerial space and open
ground area for the root system have been certified as sufficient by a qualified
arboriculturist. No tree standing on private property shall be designated a
"Heritage Tree" without the consent of the property owner; however, the consent
of a property owner shall bind all successors, heirs and assigns. Upon unanimous
recommendation of the Urban Forestry Commission, the Council may remove the
designation of any tree as a Heritage tree if it finds that such designation no
longer is appropriate.
B. When a tree is designated as a Heritage Tree, a plaque so
signifying may be placed near the tree. The Forester shall maintain all Heritage
Trees located on City property or on public rights of way within the City.
Subject to the requirements and limitations of subsections C and D of this
section, it shall be the duty of every owner of property upon which a Heritage
Tree is standing to maintain that tree. The Forester may give advice and
assistance to property owners regarding proper maintenance of Heritage Trees.
If, in the judgment of the Forester, a Heritage Tree, whether standing on public
or private property, has become a hazard, the Forester shall have the authority
to effect its removal, subject to the requirements of Subsection D of this
C. It shall be unlawful for any person, without a prior written permit
from the Forester, to remove, destroy, cut, prune, break, or injure any Heritage
Tree, to injure, misuse or remove any device set for the protection of any
Heritage Tree, or to cause or authorize or procure any person to do so. The
Forester shall report to the Urban Forestry Commission all such permits
D. No Heritage Tree shall be removed without the consent of the Urban
Forestry Commission after a public hearing.