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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 />0 360.31 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. <br />Subd. 4 Prohibited Locations. Trees shall not be planted in the following manner: <br />A. Within fifteen (15) feet of the improved portion of the right-of-way; <br />B. Within ten (10) feet of any fire hydrant, utility pole or other fixture; <br />C. Under or within ten (10) level feet of any overhead wire or over or within ten (10) lateral <br />feet of an underground utility; <br />D. In such a way that it will now or in the future materially impede the clear vision area. <br />SECTION 2. This Ordinance shall become effective immediately upon its passage and <br />publication according to law. <br />193361v6 <br />