§ 1002-8.034. Tree—Planting and maintenance.

Applications for permits to plant trees in the right-of-way shall be made on a form prescribed by the director. The form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees in a neat, healthy, and safe condition to the satisfaction of the director, and an agreement to remove the trees as directed by the director and to pay the cost of removal on the permittee's failure promptly to remove the trees on direction of the director. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the director.

All trees placed in the right-of-way shall be maintained by the permittee or his successor in interest or by some other interested party in a neat, healthy, and safe condition to the satisfaction of the director and at no expense to the county. If the encroachment is not located or maintained as specified in this section, the director may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee. If the permittee fails promptly to remove the encroachment as directed, the director shall have the right to remove it and collect the cost of removal from the permittee, together with all of the county's costs and expenses in enforcing collection.

The director shall refuse to issue a permit authorizing the planting of trees in the right-of-way when in his judgment the location as described in the application or the nature of the growth above or below ground of the kind of tree proposed will impede or inconvenience public travel, unduly disturb the right-of-way, interfere with the construction or maintenance of necessary facilities, or interfere with existing pipe lines, utility installations, or other facilities lawfully placed within the right-of-way.

(Prior code § 7576: Ord. 1121).