(A) Definitions. The following are hereby declared public nuisances under this subchapter:
(1) Any tree, shrub or other plant or portion thereof located on city-owned property which obstructs the free passage of a pedestrian. Trees shall be trimmed to not less than eight feet over sidewalks; and
(2) Any tree, shrub or other plant or portion thereof which obstructs the view in the visibility triangle defined in Chapter 152.
(B) Abatement. The following are the prescribed means of abating public nuisances under this subchapter:
(1) Any public nuisance as defined above, which is located on real estate not owned by the city, shall be abated by the owner of the real estate. In the case of a nuisance located on a city terrace, the owner of the abutting real estate shall be responsible for abating the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
(a) The Arborist shall cause a written notice to be sent by registered or certified mail to the owner of the real estate on which nuisance is located, or the owner of the abutting real estate when the nuisance is located on a city terrace, as the case may be;
(b) The notice shall describe with particularity the tree, shrub or other plant which has been declared to be a public nuisance;
(c) The notice shall state with particularity the alternative actions that the property owner may undertake to abate the nuisance;
(d) The notice will require the elimination of the nuisance within 30 days after receipt of the notice by the property owner; however, upon a showing of good cause, the period may be extended for 30 additional days by the Arborist;
(e) The notice shall set forth the procedures by which the property owner may be heard by the Tree Commission to protest the requirement that he or she act to abate the nuisance;
(f) If the property owner cannot be located following diligent inquiry by the Arborist, the notice shall be mailed to the occupant or person in charge of the property upon which the nuisance is located and shall be published in a newspaper of general circulation within the city at least once each week for three consecutive weeks. No action may be taken by the Arborist under this section until 30 days after the time of the first publication of the notice in a newspaper of general circulation; and
(g) In the event that the nuisance is not abated within 30 days following receipt of notice by the property owner or within 30 days following the initial publication of notice as required by division (B)(1)(f) above, the Arborist is authorized to cause the abatement of the nuisance, and the reasonable cost of the abatement shall be filed as a lien against the property on which the nuisance was located or abutted against, and the owner of the property shall be subject to prosecution under this subchapter. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining permits under § 97.035.
(2) The provisions of division (B)(1) of this section notwithstanding, the Arborist is hereby empowered to cause the immediate abatement of any public nuisance under this subchapter, provided that the nuisance is declared by the Arborist to threaten imminent and serious danger of injury or death to any person, and provided that the owner of the property on which the nuisance is located or abuts cannot be found through the diligent efforts of the Arborist.
(3) The Arborist is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this subchapter.
(1990 Code, § 25-47) (Ord. 94-1576, passed 5-2-1994)