(a) Any tree or shrub growing on private property which obstructs a street or sidewalk, which suffers from a communicable disease or insect infestation, or which is in anyway a menace to public property, public health, public safety or public welfare, as determined by the Director is hereby declared to be a public nuisance.
(b) When the Director ascertains that a tree or shrub growing on private property obstructs a street or sidewalk, the Director may cause a notice to be mailed or otherwise delivered to the owner of the property that trees or shrubs on the property are obstructing a street or sidewalk and must be pruned to remove such obstruction within fifteen days of the mailing or delivery of the notice.
(c) When the Director ascertains that the tree or shrub growing on private property suffers from a communicable disease or insect infestation or is in any way a menace to public property, public health, public safety or public welfare, the Director may cause a notice to be mailed to the owner of the property that trees or shrubs on the property suffer a communicable disease or insect infestation which threaten the health of public trees and must be treated or removed within five days after the mailing or delivery of the notice.
(d) If the owner fails to comply with such notice, the Director may cause such trees or shrubs to be pruned, treated or removed as reasonably necessary to remove the obstruction, the threat of communicable disease or insect infestation, or the menace to public property, public health, public safety, or public welfare. The Director may dispose of any removed shrub or tree in accordance with current City practices. The Director shall record all expenses involved in such pruning, treating or removal and shall be authorized to collect such expenses from the property owner. The cost of such treatment or removal shall be assessed against the owner of the property in the same manner as in other cases of the abatement of nuisances, and, in default of the payment of such cost, the same shall be assessed against the property on which such tree or shrub is located.
(e) In the event that the Director determines that such tree or shrub constitutes an immediate danger to public property, public safety, public health or the public welfare, or constitutes a public nuisance so as to require immediate action, the Director, upon reasonable determination, shall be empowered to cause the immediate treatment or removal of such tree or shrub and assess such costs as set forth in this section.
(f) The Director may order any property owner or person responsible to correct any violation of the provisions of this chapter or make compensatory payments in accordance with regulations established herein. The Director may revoke any permit previously approved.
(g) As used herein, the word “Director” shall mean the Director of Service or his or her designee. (Ord. 2018-52. Passed 9-24-18.)