§ 54.61. Same—Tree Root Damage.

Driveways damaged by the trunk or roots of a tree which is located within the City parkway shall be repaired by the City at its expense, provided the owner, occupant, or their designee or agent notified the City in writing in a timely manner that tree or tree root growth was damaging or appeared to be about to damage the driveway. For the purposes of this section the City shall be deemed to have been notified in a timely manner if the City was notified when:

(1)

A crack in the driveway caused by tree or tree root growth first appeared,

(2)

The driveway first began to be raised or shifted by tree or tree root growth, or

(3)

It was first detectable that the tree trunk or roots were present in the vicinity of the driveway in such a manner as to pose an eminent threat of damage to the driveway, whichever occurs first.