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B. Acceptable Plant Materials: All plant materials shall not have characteristics <br />detrimental to the public welfare such as susceptibility to disease and wind damage <br />or a tendency to interfere with utilities or public easements or rights of way. <br />C. Prohibited Obstructions: <br />1. Obstructing View: No tree or herbaceous plant or shrub shall be planted or <br />allowed to grow so as to obstruct the view of any vehicular traffic on streets or <br />pathways or pedestrians on pathways. <br />2. Utilities: No trees may be planted under or within ten (10) level feet of any <br />overhead utility wire or over or within ten (10) lateral feet of any underground water <br />line. <br />D. Trimming of Trees: Private property trees must be trimmed so as not to cause a <br />hazard to persons or property on abutting property. All trees shall be pruned to <br />sufficient height to allow free passage of pedestrians and vehicular traffic: nine (9) <br />feet over sidewalks and sixteen (16) feet over streets. <br />E. Tree Inspection: The City Horticulturist, or any employee designated by the City <br />Manager, may enter on any private lands which may harbor diseased or dangerous <br />trees as listed in the official City Tree Plan to inspect trees located on such premises. <br />F. Removal of Diseased or Dangerous Trees: Diseased and/or insect-ridden trees, dead <br />or injured trees deemed to be a health or safety hazard by the City Horticulturist, or <br />employee designed by the City Manager, must be treated or removed so as not to <br />constitute a health or safety hazard to the public or other trees or plants in the City. <br />G. Stockpiling and Storage of Elm Logs: No person shall stockpile or store elm logs <br />with the bark intact without first having obtained a permit to do so. The City <br />Horticulturist, or other employee designated by the City Manager, may issue permits, <br />upon proper application, for the stockpiling or storage of such logs only between <br />September 15 and April 1 of the following year and only at locations which are <br />specified in the permit. <br />H. Abatement of Dutch Elm Disease: The City Horticulturist shall cause the infected <br />tree or wood to be removed or otherwise effectively treated so as to destroy and <br />prevent, as fully as possible, the spread of Dutch elm disease fungus and elm bark <br />beetles. Such abatement procedures shall be carried out in accordance with current <br />technical and expert opinions and plans as may be designed by the City <br />Horticulturist. (Ord. 1107, 12-9-91) <br />706.08: ORDER PROCEDURE: <br />When the City Horticulturist determines that it is necessary to order the trimming, <br />treatment or removal of trees or plants as authorized in subsection 706.07, a written order <br />to correct the condition shall be served. <br />A. Notice Format: <br />Dutch elm disease/oak wilt disease (or other prohibited or dangerous trees, as listed <br />in the City tree plan) exists on these premises: (legal address) and all trees <br />marked with a designated symbol must be removed by (date) . <br /> BY ORDER OF THE CITY MANAGER <br />B. Removal Date: The date inserted in the notice in subsection 706.08A shall be twenty <br />two (22) days after the notice is mailed. <br />C. Appeal: A person receiving said notice may, within five (5) working days of the <br />postmark date of said notice, file an appeal with the City. The appeal will be heard <br />by the City Tree Board and forwarded to the City Council for action within twenty <br />one (21) calendar days following the appeal of said notice. <br />D. Summary Removal of Diseased Trees: In the event the trees covered in said notice <br />are not removed, destroyed and/or treated, as provided in subsections 706.08A <br /> <br />