§ 58-41. Landscaping materials in rights-of-way.

(a)

The installation and retention of landscape materials shall be authorized only upon the issuance of a landscape license. The city council may, by resolution, establish city policy regarding landscaping in rights-of-way and fees for applications for landscape licenses.

(b)

The administrative official shall have authority to review applications for landscape licenses and grant landscape licenses. If the administrative official denies an application for a landscape license, the applicant may appeal to the city council for review of the administrative official's determination. Any appeal shall be filed in writing with the city clerk's office within 30 days after the date of the administrative official's decision.

(c)

The permission to install or maintain landscaping materials in accordance with this section or city policy shall not prevent the city from removing any landscaping materials from a right-of-way whenever it is determined that such landscaping materials present an imminent or substantial threat to public health, safety, or welfare, or that use of the right-of-way is necessary.

(Ord. No. 1995-47, § 4, 1-16-96)