§ 27-410. Tree abuse.

(a)

Exemptions from Tree Abuse: The following are exempt from the prohibition of tree abuse as set forth in Chapter 27, Article XIV, Section 405(c):

(1)

Topiary pruning when:

a.

The trees are located on owner occupied property developed for detached single family or duplex usage, or;

b.

The trees were not installed to meet minimum landscape requirements and are identified on an approved landscape plan as appropriate for topiary pruning.

(2)

Tree abuse necessary to alleviate a dangerous condition posing an imminent threat to the public or property provided that the threat cannot be remedied by pruning that is not defined as tree abuse;

(3)

Shaping of trees to protect property, such as buildings and infrastructure, in which there is adequate evidence accepted by EPGMD that shaping has occurred historically; or

(4)

Remedial pruning.

(b)

Remedial Measures for Tree Abuse: Any person that abuses a tree in violation of this article shall:

(1)

Undertake pruning and other remedial action as determined by EPGMD, not limited to the removal of severely abused trees to protect public safety and property, and corrective pruning to improve the health and form of affected trees. A Tree Removal License shall be applied for by the violator(s) and/or property owner(s) and is required for the removal of severely abused trees.

(2)

Plant replacement trees pursuant to Chapter 27, Article XIV, Section 408(i) of the Code, if the natural habit of growth of the abused tree is destroyed.

(Ord. No. 1999-07, § 1, 3-9-99; Ord. No. 1999-55, § 10-12-99; Ord. No. 2003-15, § 7, 5-13-03; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2010-18, § 6, 6-8-10; Ord. No. 2018-22 , § 4, 5-8-18)