Any dead, diseased or damaged tree or shrub which may harbor serious insects, disease pests or any disease injurious to other trees or which is in such a state of deterioration that any part of such tree or shrub may fall and damage property or cause injury to persons is hereby declared to be a nuisance. Any tree infected with Dutch Elm disease or Oak wilt disease is hereby specifically declared to be a nuisance. Any such tree shall be abated in accordance with the following:
1. Public Property. If the Forester determines that any such tree is located on public property the Forester shall:
A. Trim, spray or otherwise treat, or cause to be trimmed, sprayed or otherwise treated, such trees to prevent the spread of the disease.
B. Prescribe the methods to be used in trimming, spraying or otherwise treating such trees.
C. Remove or cause to be removed under the Forester’s supervision any such tree. Any tree so removed shall be replaced, if feasible, by a tree of suitable variety.
2. A tree shall be deemed entirely on public property if fifty percent (50%) or more of the tree trunk at a point three (3) feet above ground level is on public property.
3. Private Property. The City Forester is hereby authorized to examine and inspect trees and shrubs on private property in order to determine if a nuisance exists under the terms of this chapter. If the Forester determines that any such tree is located on private property the Forester shall:
A. Cause written notice to be served on the property owner requiring the removal, trimming or treatment of any such tree within thirty (30) days after receipt thereof. Such notice shall be served by mailing a copy thereof by certified mail to the last known address of the property owner. If the Forester is unable to secure such notice on the property owner it may be served on the occupant or person in charge of the property in the same manner as set out herein.
B. Require that the removal, trimming or treatment of such trees be done in accordance with the provisions of this chapter and with the applicable arboricultural specifications and standards of the City.
C. If such tree is not removed, trimmed or treated on or before the date specified therefor in the written notice cause such action to be done and file with the Clerk an itemized statement of the cost thereof which shall be not less than fifty dollars ($50.00) per lot. The Clerk shall first endeavor to collect the amount due and if not collected within thirty (30) days the cost will be certified to the County Treasurer, which shall be collected with and in the same manner as general property taxes. The Forester shall also cause a complaint for violation of this section to be filed with the Police Department, and shall be responsible for the proper prosecution of such complaint with penalties therefor.
4. A tree shall be deemed entirely on private property if more than fifty percent (50%) of the tree trunk at a point three (3) feet above the ground level is on private property.
5. Transportation of Diseased Trees. Before transporting any tree known to be contaminated with disease over the streets or highways, the diseased tree shall be sprayed with a solution of an approved pesticide.