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• (d) Whenever the owner or owners, lessees, occupants or persons in charge of private grounds shall neglect or refuse to trim any tree as provided in this section, the superintendent may trim or treat or cause to be trimmed or treated such tree. The person remedying the condition shall be authorized to enter the premises for that purpose. • (e) Trimming for or by Public Utility.. Upon obtaining a written permit from the superintendent, a public utility maintaining its utility. system in a Street may trim or cause to be trimmed in accordance with said permit, any tree located in the street which interferes with any light, pole, wire, cable, appliance or apparatus used in connection with or as a part ,of the utility system; but no tree shall be trimmed with- out the consent of the abutting owner until the public utility shall have given written or printed notice to the owner or occupant of the premises. The owner or occupant has one month after receipt of notice • • to trim or arrange for trimming of said tree at his cost and in accord- ance with the terms of the permit.. If the owner or occupant fails, neglects or refuses to trim such tree as required by the notice and • permit, the public utility may trim, or cause to be trimmed, the tree at its expenseiin accordance with the conditions of the permit. (f) Nothing in this ordinance shall be deemed to impose any liability upon any member of the city council or the city, or any of its officers or employes nor to relieve the owner of any private•prop- erty from the duty to trim trees in accordance with Titles,16, 17 and 20 of the code of the city of Portland. 20.40.060 Removal. (a) Diseased trees. When any tree located on a street or on private property is infested with a disease or insects, or is in the opinion of the superintendent, infectious and may spread. such disease or insects to . other trees in the city, the.superintendent may remove or treat the tree or cause same to be removed or treated. (b) Regulations regarding: root interference with sewers and damage to curbs and sidewalks are set forth in Title 17, Public Improvements,"of the code of the City of Portland. • (c) The superintendent may abate or remove or cause to be abated or removed any tree'located in the street area or which encroaches from private property into the street area because of age, disease or other debilitating: • cause, death, insecure root system, or any other condition which, in the opinion of the superintendent,._causes its :continued existence to be detri- • mental to the public•interest. The superintendent may require that the removed tree be. replaced with a new tree at the expense of the property • owner. (d) It shall be unlawful for any without a prior written permit from the superintendent, to remove, destroy, cut, break or injure. any tree, or to remove, except as provided in this. chapter, any tree that is planted or growing in or upon any street or cause or authorize or procure any person to do so; or injure, misuse or remove any device set for the protection of any tree in or upon any street. (e) The approval of a tree removal by the superintendent may be cond- itioned on replacement with a new tree of approved variety if the superin- tendent finds the replacement necessary to maintain an ornamental tree system on the street, block or portion thereof. If approval by the superin- tendent is so conditioned, the tree removal permit shall contain such con - dition. Costs of replacement are the responsibility of.the property owner. • 9 -1 -79 •