§ 106-220. Request to commission for pruning, etc., of public trees and shrubs.

Whenever a person owning real property in the city shall present a request in writing to the parkway and park commission for the cutting, pruning or removal of a tree or shrub on public property adjoining, adjacent to or abutting such real property, the commission or its designated employees shall investigate such requests. If it is found as a fact by the commission that such trees or shrubs substantially interfere with the lawful use of private property so as to cause loss, damage or deprivation of the lawful use of such property to the owner or tenant thereof, then employees of the commission shall cut, prune or remove such tree or shrub. If any person requesting the cutting, pruning or removal of a tree or shrub desires to have the work performed at their expense by private interests rather than by the employees of the commission, that person must first obtain permission from the commission. All such requests for cutting, pruning or removal of public trees at private expense shall be accomplished by qualified arborists, as per the following provisions: Such requests shall give the parkway and park commission at least ten working days advance notice of the date and time contemplated for such work. No such cutting, pruning or removal of public trees shall be done without prior specific written permission of the commission or its designated employees. Such notification and permission is to be returned to the applicant by registered mail following inspection by agents of the commission, such notification and permission to be sent to the last known address of the person, firm or corporation requesting such work. All work shall be accomplished by qualified persons licensed under applicable state law. In no instance shall trees or shrubs be cut, pruned or removed contrary to the expressed stipulations of the registered letter, nor shall work commence prior to the receipt of the letter by the applicant or his agent, even should the aforementioned ten-working-day period expire. The parkway and park commission further reserves the right and authority to inspect the work in progress and demand such work comply with standards for arboricultural work as well as all applicable ordinances and policy decisions of the parkway commission regulating such work. All qualified persons, firms or corporations engaged to cut, prune or remove public trees or shrubs shall be lawfully licensed and bonded under applicable state law, Act 127 of 1965 as amended by Act 574 of 1974, and under the jurisdiction of the Louisiana Horticulture Commission. No person shall be permitted to personally cut, trim or remove said public tree or shrub adjoining, adjacent to or abutting their real property without such license or bond unless specifically authorized by the parkway commission in the registered permit letter. Furthermore all commercial tree surgeons doing cutting, pruning or removal of public trees shall furnish proof of a valid occupational license as issued by the department of safety and permits in addition to compliance with provisions of the state law regulating such arboricultural work. Any applicant who is aggrieved by the refusal of the commission to cut, prune or remove such tree may appeal within 30 days from such decision to the council. The council shall review the decision of the commission and either approve, disapprove or modify it.

(Code 1956, § 43-30)