No person shall plant or maintain trees or shrubbery and appurtenances used in connection therewith, in a public sidewalk without first obtaining a license approved by the governing body.

(Ord. 7901, 16-301)

Application for a license required by this article shall be submitted upon a form provided by the city clerk and shall include the following:

(a)   Name of occupant, street address and the legal description of premises where trees and/or shrubbery are proposed to be located.

(b)   Name and address of property owner of record.

(c)   Name and address of contractor, if any.

(d)   Description of trees and/or shrubbery and appurtenances proposed to be installed.

(e)   Plot plan of area where trees and/or shrubbery are proposed to be located and necessary measurements to show:

(1)   Width and length of sidewalk.

(2)   Number, location and spacing of trees and/or shrubbery.

(3)   Location of existing public facilities including water, electrical, light poles, fire hydrants, parking meters, catch basins, traffic control signs and signals, etc.

(4)   Area of sidewalk remaining for pedestrian use.

(f)   Area to be utilized by trees and/or shrubbery when they reach full growth.

(g)   Zoning of area where trees and/or shrubbery are proposed to be located.

(h)   Statement of compliance with the provisions of this article.

(i)    Notarized signatures of both the owner of record and occupant of the premises.

(j)    Certificate of insurance as required by this article.

The completed application, documents and fees required to be provided therewith shall be filed with the city clerk a minimum of one week prior to a regular meeting of the governing body.

(Ord. 7901, Sec. 16-302)

At the time application is filed for the license under this article, a fee of $25 shall be collected by the city clerk.

(Ord. 7901, Sec. 16-303)

The city clerk shall refer the application to the city inspector shall examine such application and conduct the necessary investigation to determine if all requirements of this article have been provided. He or she shall endorse his or her recommendation for approval or disapproval thereon and return the application to the city clerk who shall submit such application to the city clerk for approval or disapproval thereof.

(Ord 7901, Sec. 16-304; Code 1996)

(a)   The city clerk shall issue a license pursuant to this article upon approval by the governing body.

(b)   All licenses issued pursuant to this article shall be for a term of one year beginning on the date such license is approved by the governing body and be automatically renewed for successive like terms as long as the licensee continues to comply with the provisions of this article and upon filing of a new certificate of insurance for each successive term.

(c)   The city clerk shall, when it is determined that requirements of this article have not been complied with, notify in writing the licensee of such noncompliance and submit a written report of such noncompliance to the governing body at the next regular meeting who shall determine if the license shall be continued in force or be canceled.

(Ord. 7901, Sec. 16-305)

Upon cancellation of a license issued pursuant to this article, either by the governing body or by action of the licensee, the trees and/or shrubs shall be removed and the sidewalk restored to its original condition in accordance with the specifications of the city.

(Ord. 7901, Sec. 13-306)

No license shall be issued pursuant to this article unless such property shall be located in an area zoned commercial or industrial.

(Ord. 7901, Sec. 16-307)

No license shall be issued pursuant to this article when the planting and maintenance of such trees and/or shrubbery will interfere with any public facilities.

(Ord. 7901, Sec. 16-308)

All owners of the premises and occupants thereof, their respective heirs, devisees, successors and assigns, to whom a license is issued, shall at all times comply with the following requirements and all other applicable city ordinances and state statutes:

(a)   Premises liability insurance in the minimum amount of $100,000 naming the city as an additional insured, shall be maintained in full force and effect. A certificate of such insurance, covering the period for which the license is issued, shall be provided to the city.

(b)   The licensee shall properly maintain and trim all trees, shrubbery and appurtenances so as not to interfere with public facilities or obstruct pedestrian travel on the sidewalk; use all reasonable and proper precautions to avoid damage or injury to persons or property; and, shall hold and save harmless the city from any and all damage, injury and expense caused by their actual or alleged negligence or the actual or alleged negligence of their agents and employees.

(c)   At such time as the city, its agents and employees need to repair, construct or reconstruct the public utilities and facilities located in, above and under the sidewalk or to repair, construct or reconstruct the sidewalk itself, the licensee upon notice by the city shall immediately remove and relocate, if relocation approved, all encroachments of trees and shrubbery in the sidewalk at the sole expense and cost of the licensee.

(Ord. 7901, Sec. 16-309)