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It shall be unlawful for any person to:
(A) Damage, cut, carve or injure any street tree;
(B) Attach any sign, wire or injurious material to any street tree;
(C) Cause or permit any wire charged with electricity to come in contact with any street tree;
(D) Allow any gaseous, liquid or solid substance harmful to trees to come in contact with the roots, leaves, bark or any part of any street tree; and
(E) Construct concrete, asphalt or brick paving, or otherwise filling up the ground area within 2 feet of any street tree so as to shut off air, light or water from its roots.
(1979 Code, § 98.05) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
The following are a public nuisance:
(A) Any dead, diseased, infested or dying trees on public or private property so near to any street as to constitute a danger to street trees, streets or portions thereof;
(B) Any tree or shrub, or part thereof which is unsafe and constitutes a center of infection for disease or insects which may endanger the health or life of other trees or shrubs;
(C) Any tree or shrub on private or public property which is of a type or apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees or other official street trees, gutters, sewers, other public improvements including utility mains or lines of their appurtenances;
(D) Vines or climbing plants growing into or over street trees, public hydrants, poles or electroliers;
(E) Existence of any tree on private or public property within the city limits that is infested, infected, or in danger of becoming infested or infected with objectionable insects, scales, fungus or growth injurious to trees; and
(F) Thorny shrubs, plants or foliage of any type which would tend to catch the clothing of a pedestrian using the street or sidewalk.
(1979 Code, § 98.06) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
(A) It shall be the duty of the owner of the property where any nuisance exists to abate the nuisance by destroying, removing or trimming the growth, or by spraying or other usual means of abatement.
(B) If, upon proper notice in writing, any property owner fails or refuses to abate the nuisance within 10 days of receiving notice from the Board to abate the nuisance, the Board or its agents, may enter upon the premises where the nuisance exists and abate it.
(C) The owner may exercise the right of appeal procedures as prescribed herein, prior to the action on the part of the Board.
(1979 Code, § 98.07) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
(A) All notices required to be given in this chapter shall be in writing and shall be mailed by United States certified mail, return receipt requested, to the owner of the real property involved, at his last known address as the address appears on the roll, and notice shall also be posted in a conspicuous place on the real property.
(B) Any person affected by a decision of the Board or the Superintendent may appeal the decision within 10 days of the receipt of notice. All appeals, whether from decisions of the Superintendent or decisions of the Board, shall be heard by the Board. An appeal from the decision of the Board shall be considered an appeal for the Board to reconsider its decision. Decisions of the Board, pursuant to an appeal, shall be final.
(1979 Code, § 98.08) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
Nothing in this chapter shall be deemed to impose any liability upon any member of the Council, the city or any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep his or her private property, sidewalks and parkway in front of the property in a safe condition, and so as not to be hazardous to public travel.
(1979 Code, § 98.09) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
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