01-22-2024 CC Agenda Packet - work session

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Created: 2022-07-19 16:12:33 [EST] (Supp. No. 20, Update 2) Page 28 of 29 the remaining portions thereof. Nothing in this article precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. (Ord. No. 207 3rd series, § 1, 5-29-2018) Secs. 18-195—18-235. Reserved. ARTICLE V. VEGETATION Sec. 18-236. City to control tree planting (standards). The city shall have control and supervision of planting shrubs and trees upon or overhanging all streets or other public property. The city may establish and enforce uniform standards relating to the species and types of trees to be planted, their placement, maintenance and removal. Such standards shall be kept on file in the office of the city administrator and may be revised by action of the council upon the recommendation of the public works superintendent. (Code 1984, § 6.09(1)) Sec. 18-237. Permit to plant or remove trees. It is a misdemeanor for any person to plant or remove any tree with in the city right of way or overhanging streets without first procuring from the city a permit in writing to do so. (Code 1984, § 6.09(2)) Sec. 18-238. Duty of property owners to cut grass and weeds and maintain trees and shrubs. (a)Every owner of property abutting on any street shall cause the grass and weeds to be maintained cut from the line of such property nearest to such street to the center of such street. If the turf grass or weeds in such a place attain a height in excess of eight inches, it shall be prima facie evidence of a failure to comply with this section. Every owner of property abutting on any street shall, subject to the provisions in this article requiring a permit, trim, cut, remove and otherwise maintain all trees and shrubs in unhazardous and healthy condition, from the line of such property nearest to such street to the center of the street. (b)Managed natural landscapes are allowed in accordance with state statute 412.925. They are defined as a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes do not include turf-grass lawns left unattended for the purpose of returning to a natural state (c) The city may in cases of failure to comply with this article, perform such work, keeping an accurate account of the cost for each lot, piece or parcel of land abutting upon such street. (d)If maintenance work described in subsection (b) of this section is performed by the city, the public works superintendent forthwith upon completion of the work ascertain the cost attributable to each lot, piece or parcel of abutting land. The city shall send a statement to the abutting property owner and, if the amount remains unpaid for 15 days, present a certificate to the council and obtain its approval. When such certificate has been approved, it shall be extended as to the cost as a special assessment against such abutting land; 31