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It is unlawful for any person, organization, officer of the city or other public entity to remove any tree located within the public rights-of-way without first obtaining a tree removal permit, unless, in the opinion of the director of public works or a duly authorized representative, the tree presents a clear danger to public safety. Permits required under this chapter shall be issued by the director of public works or his duly authorized representative subject to the concurrence of the directors of parks and planning or their duly authorized representatives.

The director of public works shall insure that applications for permits specify complete information on the proposed action and shall determine prior to issuance of the permit, that the proposed action is in conformity with one or more of the following findings:

A. The tree is a public nuisance and removal is in the best interest of the health, safety or welfare of the community.

B. The physical condition of the tree (health, structure, or growth habit) is not consistent with city general plan policies promoting a city-wide pattern of healthy street trees, provisions under this title, and city standards for planting and maintenance of trees in right-of-way areas.

C. Removal of the tree is necessary to ensure reasonable access to an adjacent property, or to preserve use of a property for any principal use permitted as of right or by special permit under city zoning ordinance provisions, or other laws governing use of the property.

The director of public works may require replacement of a removed tree with a suitable tree or trees consistent with the city-adopted street tree list and planting standards. Failure to obtain said tree removal permit and/or replace removed tree(s) if required shall be deemed a violation of this chapter.

(Ord. 1970 NCS § 3 (part), 1994.)