City Ordinance: Trees


142.01 Purpose
142.02 Definitions
142.03 Planting Restrictions
142.04 Duty to Trim Trees
142.05 Assessment
142.06 Trimming Trees to Be Supervised
142.07 Removal of Trees

142.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Trees is to beautify and preserve the appearance of the City by regulating and providing for the planting, care and removal of trees.

142.02 DEFINITIONS. For use in these chapters, the following terms are defined:

  1. "Parking" means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and the curb line; or, on unpaved streets, that part of the street, avenue or highway lying between the lot line and that portion of the street usually traveled by vehicular traffic.
  2. "Superintendent" means such person as may be designated by the Council.

142.03 PLANTING RESTRICTIONS. No trees or shrubs shall be planted in any City street, parking, street or highway right-of-way or in the area of any utility easements in the City of Lake Park, Iowa.

(Ord. 7-08- Aug. 08 Supp.)

142.04 DUTY TO TRIM TREES. The owner or agent of the abutting property shall keep the trees on, or overhanging the streets, trimmed so that all branches will be at least fifteen (15) feet above the surface of the street and eight (8) feet above the sidewalks.

(Code of Iowa, Sec. 364.12[2c])

142.05 ASSESSMENT. If the abutting property owner fails to trim the trees as required in this chapter, the City may serve notice on the abutting property owner requiring that such action be taken within five (5) days. If such action is not taken within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2d & e])

142.06 TRIMMING TREES TO BE SUPERVISED. It shall be unlawful for any person to trim or cut any tree in a street or public place unless the work is done under the supervision of the City.

142.07 REMOVAL OF TREES. The Superintendent shall remove, on order of the Council, any tree on the streets of the City which interferes with the making of improvements or with travel thereon. The Superintendent may additionally remove any trees on the street, not on private property, which are dead or have become diseased, or which constitute a danger to the public, or which may otherwise be declared a nuisance.

(Code of Iowa, Sec. 364.12[2c] & 372.13[4])