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193361v2 <br /> A. Maintain the boulevard between their property and the improved portion of the right-of- <br />way. Improvements made within the right-of-way by a property owner are done so at the <br />property owner's own risk, and may be removed by the City at the owner's expense. The City is <br />not responsible for damage to landscaping or other right-of-way improvements resulting from <br />any activity related to the City's use of the right-of-way. <br /> B. Allow only those plant materials that do not have characteristics detrimental to the public <br />welfare, such as susceptibility to disease and wind damage, or a tendency to interfere with <br />utilities, public easements, or rights-of-way. <br /> C. Trim, prune, maintain, and/or remove as necessary, any tree in the boulevard between <br />their property and the improved portion of the right-of-way. Trees shall be pruned to sufficient <br />height to allow free passage of pedestrians and vehicular traffic: nine (9) feet over sidewalks and <br />sixteen (16) feet over streets. Trees not properly maintained, or found to be structurally unsound, <br />may be deemed a public nuisance by the City Forester, and abated in accordance with Section <br />602 of the City Code. <br /> D. Remove any tree in the boulevard between their property and the improved portion of the <br />right-of-way found to be diseased or dying by the City Forester, in accordance with Section 710 <br />of the City Code. The adjacent property owner is responsible for the cost of removing trees <br />located in the right-of-way. <br /> E. Maintain driveway approaches in a safe condition that does not cause a maintenance <br />problem, and in a manner that does not interfere with or obstruct the drainage carried by the <br />adjoining street or the use of the adjoining street for travel, as determined by the City. If a <br />driveway approach is not maintained in this manner, the City may require the property owner to <br />alter the driveway approach in order to meet the requirements of this Section. If the property <br />owner fails to alter the driveway as directed by the City, it will constitute a public nuisance under <br />Chapter 602.01 and may be abated under Chapter 602.05 or 602.06. <br />360.31 Rights of the City. <br /> The City maintains the right to plant, prune, maintain, remove, or perform any other <br />arboricultural practices as deemed necessary by the City on all public property and in the right- <br />of-way. <br />360.32 Placement of Trees in the Right-of-Way. <br /> Subd. 1 Purpose. The planting of trees in areas of the City dedicated for public streets, which <br />are sometimes referred to in this Section as boulevard trees, is a matter of public interest. It is the <br />purpose of this Section to provide a procedure for planting boulevard trees under certain <br />circumstances and subject to certain regulations as provided by this Section. <br /> Subd. 2 Permitted Varieties. Only the following types of trees shall be permitted under the <br />provisions of this Section: Hackberry; Norway, Sugar or Red Maple; Linden; and other species <br />as approved by the City. Under no circumstances shall cottonwood trees, non-disease resistant <br />elm trees, or any species of ash tree be planted in the City. <br /> Subd. 3 Space. At the time of planting, trees which will exceed forty (40) feet at the height of <br />maturity shall be spaced at least twenty-five (25) feet apart.