(A) The City Arborist shall have the right to plant, trim, spray, preserve and remove trees and shrubs on all public rights-of-way and public areas as may be necessary to ensure safety or preserve the symmetry and beauty of the public grounds.
(B) The City Arborist, under the power herein given, may cause or order to be removed any tree, shrub or part thereof on private property which in some way endangers public health, safety or welfare on public property, or which by reason of its nature is injurious to sewers or other public improvements, or is affected with any injurious disease, insect or other pest. Any tree, shrub or part thereof on private property determined by the City Arborist to be in such condition is hereby declared to be a public nuisance.
(C) The City Arborist shall also have the power to enter upon any private area in the city and to spray or otherwise treat or cause or order to be treated any tree or shrub infected or infested by any disease, fungus, pest, insect or parasite, when it shall be necessary in his or her opinion to do so to prevent the breeding or scattering of any injurious and hazardous condition and to prevent danger therefrom to person or property or to trees and shrubs planted in the public rights-of-way or other public areas. Any tree or shrub upon any private area of the city determined by the City Arborist to be in such condition is hereby declared to be a public nuisance.
(D) Prior to any action of the City Arborist taken under subsections (B) and (C) of this section, the affected property owner(s) shall be notified by registered or certified mail of the contemplated action and the reasons for the action. The owners shall have 15 days after the date of the notice to abate the condition. If after 15 days, the property owner(s) have not abated the condition, the City Arborist shall have the authority to remove or abate the condition, and assess the owner(s) the cost thereof. If unpaid, the cost of abatement shall be a lien upon the land or premises where the condition arose and shall be collected as unpaid taxes.
(Ord. No. 05-40, passed 4-14-2005)