A. Specified: The city manager or his or her designee shall execute and enforce the provisions of this chapter and all other plans, standards, and specifications for the regulation of matters pertaining to trees that may be officially adopted by the city council. All problems related to and requests for action on trees and shrubs on any city property shall be referred to the public works department. The public works department is hereby authorized to conduct such maintenance programs on trees and shrubs on city property as it may deem appropriate.
B. Determination Of Obstruction:
1. When it is determined that a tree or shrub located on private property overhangs or projects into any way or area and appears to be dead or liable to fall into such city property or constitutes an obstruction to vision or travel on any city sidewalk, property or street, the city is authorized to remove the offending trees or branches or shrubs and to assess the actual costs against the property owner. However, except in case of manifest public danger and immediate necessity, no such trees or shrubs standing on any private property shall be cut down or removed unless ten (10) days' notice shall be given to the owner or occupant of said property. If the owner or occupant of such property shall, within seven (7) days after receiving such notice, file with the city recorder his objections, in writing, to such removal, such tree or shrub shall not be cut down or removed unless the tree commission shall give such owner or occupant a reasonable opportunity to be heard in support of such objection and shall thereafter approve in writing the removal of the same, if the objection is not sustained.
2. Where an emergency exists with regards to a tree, the public works department shall take such prompt and immediate action as is reasonably necessary to remedy the emergency condition. An emergency condition is such that renders life or property in immediate jeopardy.
3. The public works department is hereby given authority to trim or prune or to remove any tree or shrub which has been planted or is maintained, on or within public property, in violation of any city ordinance, without serving notice upon the owner of the abutting property. (Ord. 305, 2-16-1999)