§ 122-22. Arborist.

(a)

Position established. The position of the arborist is hereby established. During a vacancy in that position, the director of public works, or the director's assigned designee, shall act.

(b)

Duties. The arborist shall perform the following duties:

(1)

With the assistance of the commission, develop and, in each subsequent year, update the urban forestry plan. The plan shall outline urban forestry program activities for a minimum of the next five years. This plan shall describe the urban forestry activities to be undertaken by the city, the reasons for those activities, the possible funding sources, the means of accomplishing the activities, the alternatives available to the city to fund or accomplish the activity, the projected date of completion, and the consequences if the activity is not completed. Activities may include, but are not limited to, street tree inventory, planting, tree removal, beautification projects, and educational projects;

(2)

With the assistance of the commission, develop and periodically review and revise, as necessary, the arboricultural specifications manual. This manual shall contain standards for the planting, maintenance, and removal of trees, shrubs and other plants upon city-owned property and easements;

(3)

Cause the urban forestry plan and the arboricultural specifications manual, and all revisions and amendments thereto, to be published and promulgated and cause three copies of the manual, and all revisions and amendments thereto, to be available for public inspection at the office of the city clerk. Notice that such information is available for public inspection shall be published in a newspaper of general circulation within the county at least one weekday of each of two consecutive weeks immediately following the initial availability of the arboricultural specifications manual, or revisions or amendments thereto. The arboricultural specifications manual and any revisions and additions thereto shall become effective on the tenth day following the final publication in a newspaper of general circulation required under this subsection;

(4)

Make copies of this article, information about the activities of the commission, the arboricultural specifications manual and the urban forestry plan available to any interested person, at a cost approved by the city council;

(5)

Administer the urban forestry plan and the requirements of the arboricultural specifications manual;

(6)

Advise the director of public works of whatever acts are necessary, including the planting and maintenance of trees, the removal of undesirable trees, shrubs, and other plants located on city-owned property, to ensure that trees, shrubs, and other plants located on city-owned property conform with the urban forestry plan, the arboricultural specifications manual, and this article;

(7)

Advise the director of public works regarding the issuance of such permits as are required by this article and obtain as a condition precedent to the issuance of such permits the written agreement of each person who applies for such permits that such person will comply with the requirements of this article, the urban forestry plan, and with the standards of the arboricultural specifications manual. The arborist, when accompanied by an official from the department of public works, shall have the right to inspect all work performed pursuant to such permits. If the arborist finds that the work performed is not in compliance with the requirements of this article, the urban forestry plan, or with the standards of the arboricultural specifications manual, the arborist shall provide a written report of his findings and recommendations to the director of public works. The director may then issue a notice to the permittee which may contain the following information:

a.

That the permit shall be nullified and shall be void;

b.

The director has issued a written order that the permit applicant cease and desist all work for which the permit was required;

c.

The permit applicant shall be subject to penalty under the terms of this article; and

d.

The director may take steps to correct the results of the noncomplying work, and the reasonable costs of such steps shall be charged to the permit applicant;

(8)

Establish a program of public information and education that will encourage the planting, maintenance, or removal of trees, shrubs, and other plants on private property in furtherance of the goals of the urban forestry plan.

(c)

Compensation. The position of arborist described above is intended to be filled by an unpaid volunteer. At no time in the future, without further city council action, shall the city compensate the arborist for his/her services.

(Code 1978, § 1221.05; Ord. No. 5170-6-99, 6-1-1999)