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1 satisfactory compliance with the terms of the permit. 2 3 e. Permit Denial: If a tree planting or removal permit is denied, the reason(s) 4 for denial shall be set forth in writing and given to the applicant, within 10 5 days of receipt of application. 6 7 f. Denial Appeal: Any applicant adversely affected by the decision may appeal 8 to the City Tree Board and, finally, to the City Council. 9 10 F. Areas Not Applicable: The provisions of subsection D above shall not apply to: 11 12 1. The removal of trees on public easements/rights of way, conducted by, or on 13 behalf of, a Federal, State, County, Municipal or other governmental agency in 14 pursuance of its lawful activities or functions in construction or improvements. 15 16 2. The removal of any tree by a public utility when such tree has the reasonable 17 potential of endangering the facility's operation by the utility. (Ord. 1107, 12-9-91) 18 19 20 706.08: DUTIES OF PRIVATE OWNERS : It shall be 21 the duty of any person owning private property to comply with the following: 22 23 A. Planting on Private Property: No person shall plant or allow to be planted on any 24 privately owned property any tree, shrub or herbaceous plant listed in the Street 25 Tree Master Plan as prohibited. 26 27 B. Acceptable Plant Materials: Acceptable A# plant materials shall not have 28 characteristics detrimental to the public welfare such as: susceptibility to disease and 29 wind damage or a tendency to interfere with utilities or public easements or rights of 30 way, as determined by the Minnesota Department of Natural Resources, Minnesota 31 Department of Agriculture and the City Forester. 32 33 C. Prohibited Obstructions: 34 35 1. Obstructing View: No tree, shrub or herbaceous plant shall be planted or allowed 36 to grow so as to obstruct the view of any vehicular traffic on streets or pathways or 37 pedestrians on pathways. 38 39 2. Utilities: No trees may be planted under or within ten (10) level feet of any 40 overhead utility wire or over or within ten (10) lateral feet of any underground water 41 line. 42 43 D. Trimming of Trees: 44 45 1. Private property trees and shrubs must be trimmed so as not to cause a hazard to 46 persons or property on abutting property. 47 48 2. All trees and shrubs shall be pruned to sufficient height to allow free passage of 49 pedestrians and vehicular traffic: nine (9) feet over sidewalks and sixteen (16) feet 50 over streets. 51 52 E. Tree Inspection: The City Forester H tie l l-i,r;st, or any employee designated by 53 the City Forester Manage , may enter on any private lands which may harbor 54 diseased or dangerous trees as listed in the official Street Tree Master Plan to 6