Sec. 746.104. - Regulations governing the placement of mailboxes, trees, bushes, planters or shrubs on the City's right-of-way and public property.

(a) The City shall regulate the type or quality of matter, vegetation, or structures placed upon City property, public sidewalks, or rights-of-way. (b) A property owner desiring to place or maintain a planter, plant, tree, shrub, bush, or mailbox which shall be located adjacent to his property on (i) a sidewalk, or (ii) public property between the sidewalk and curb, or (iii) upon any City right-of-way, shall apply in writing to the Director of Public Works for a permit for planting, or structure, placement on City right-of-way, on a form prescribed by the Director of Public Works. (c) The application shall: (1) Be signed by the applicant or, in the case of an application by the City, by the Director of Recreation and Parks or his designee; and (2) Be accompanied by four copies of a drawing, including the property address and showing the proposed placement of the planter, plant, shrub, tree, or mailbox including all dimensions, in relation to that property and the planter, plant, shrub, tree or mailbox; and a statement demonstrating that the placement of the requested item will not cause a safety hazard or visual blight, and will not otherwise harm the health, safety, or welfare of the community wherein the item is to be placed. (d) The application of the property owner will only be granted if the Director of Public Works, or the Director's designee, after consultation with the Director of Recreation and Parks, determines that the requested item will not cause a safety hazard or visual blight, and will not otherwise harm the health, safety, or welfare of the community wherein the item is to be placed and will be compatible with the existing utilities and with the movement of pedestrian and vehicular traffic, community esthetics, and public safety. It shall be a rebuttable presumption that mailboxes in the City's right-of-way harm the health, safety, or welfare of the community wherein the mailbox is to be placed. (e) The Director of Public Works, or the Director's designee, after consultation with the Director of Recreation and Parks and other appropriate departments and agencies of the City, shall notify the property owner in writing if the Director of Public Works finds that the planting of the tree(s), planter(s), plant(s), shrub(s), or the placement of the mailbox in the described area will be compatible with the conditions described in subsection (c) of this Section. The Director of Public Works or the Director's designee, shall act on the application within 30 days of its being received by the City. If the Director of Public Works or the Director's designee, does not approve of the application and requested placement in the described area, the Director or designee shall notify the applicant in writing, specifying the reasons for disapproval. (f) After securing approval of the permit, the applicant shall, at the applicant's own expense, have the soil and/or sidewalk prepared and the tree or tree-with-planter, or plant, or shrub, or mailbox installed. (g) The applicant shall be responsible for the maintenance of any permitted item placement under this Section in a reasonably safe condition so as not to endanger the public. (h) Every permitted item placement under this Section shall be accomplished subject to the following conditions and requirements. (1) Approval of types of all placements under this Section shall be given by the Director of Public Works only if concurred in by the Director of Recreation and Parks. (2) The City reserves the right to remove all trees, plants, shrubs, or planters without notice and without cause. If removal without notice by the City is required, the actual cost thereof shall be borne by the City if the removal was not the result of an emergency. (3) This Section shall not apply to or impose any requirement on the placement of any residential mailbox in a location for which delivery service began after January 1, 1978. (Ord. 83-833-518, § 1; Ord. 92-1934-1456, § 1; Ord. 2011-732-E) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.