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v. • • Z' • (e) The superintendent shall maintain a list of approved varieties of trees and ground covers that may be planted on any street within the city in accordance with the Street Tree Plan. Approval shall be based upon considerations such as maturity,..height, susceptibility to disease. or pests, reasonable freedom.from nuisance characteristics and general • suitability for any particular locations. The superintendent's listing • of approved varieties shall not prevent the seeking of approval of un- listed varieties. (f) It shall be unlawful for any person to engage in the business . . occupation or profession of tree trimming within the corporate limits of the city of Portland without first obtaining a license' therefor as provided in.Chapter_7.150 of the code. 20.40.030 Jurisdication of street trees. The superintendent shall have jurisdiction over all trees, planted or growing within or upon the streets, and the planting, removal, care, pruning, maintenance. and prot- ection thereof, and may call upon the Bureau of Nuisance Abatement and the city•engineer as may be necessary for enforcement of this chapter. • 20.40.040.Planting. (a) The superintendent may plant trees in the`atreeta of the city in accordance with the Street Tree Plan. In addition to using his own . personnel, he may hire independent contractors. • (b) It shall be unlawful for any person to plant or set out any tree or authorize or cause or procure any person to plant or set out any tree in or upon any part of any street without first obtaining from the superintendent a written permit so to do and complying in all respects with the conditions set forth in such written permit and with the prov- isions of this chapter. All applications for such permit shall describe work to be done and the variety, size and precise location of each "tree to be planted. If the superintendent has found that.the proposed plant - ing is in accord with the Street Tree Plan; or that trees proposed to be . planted have a reasonable likelihood of prospering and such permit specifies the.location, variety and grade of each tree and method of planting, including among other, things the supplying of suitable soil, then he may grant a permit. The permit shall be good only for the plant- ing season stated. • 20.40.050 Maintenance. (Amended by Ord. 148250 passed Aug. 15, 1979.) (a) The superintendent may prune and maintain or cause to be pruned and maintained all of the trees in the streets. (b) Responsibility for trimming of trees, standing in or upon any street or private grounds and having branches projecting into the street, shall be trimmed by owners of the property adjacent to or in front -of which such trees are growing and shall be done according to the require- ments for tree branch clearance over street and sidewalk areas and signs as set forth in Title 16 and 17 of the code of the city of Portland. (c) The adjacent property owners shall be liable to any person who is • injured or otherwise suffers damage by reason of the property owner's failure to trim trees as required by Titles 16, 17 and 20 of the.code of the city of Portland. Furthermore, said adjacent property owner shall be liable the city of Portland for any judgment or expense incurred or . paid by the city by reason of said property owner failure to satisfy the obligations imposed by Title 16, 17 and 20 of the code of the city of Portland. k • ;�, 9 -1 -79