917.16 REMOVAL OF DANGEROUS TREES.

   (a)    It shall be the responsibility of every property owner or occupant to maintain the trees on his property, including tree lawn trees, in a safe and healthy manner, as to avoid hazards to persons, property and other vegetation.

   (b)    The Arborist shall, from time to time, seek entry to private property, pursuant to Section 917.12, to inspect the trees and shrubs located upon the property. The Arborist shall first seek the property owner's permission to conduct such an inspection. Should the property owner object to the inspection, the Arborist may seek, from a court or magistrate of competent jurisdiction, a warrant to inspect the premises in accordance with this section. Should a condition of extreme danger to persons, neighboring property or public thoroughfares, be known to exist, the warrant requirements of this section may be dispensed with, but only if there is reasonable cause to believe that the delay involved in compliance with the warrant requirement would pose a serious imminent danger to person or property.

   (c)    Upon finding that any tree or part thereof constitutes a nuisance and an immediate danger exists to persons, neighboring property or public thoroughfares, property or other vegetation, the Arborist shall direct the property owner to remove the tree.

      (1)    The method of service shall be in accordance with one or more of the methods specified in Section 917.08(a).

      (2)    The order shall set forth in time limit for compliance in accordance with Section 917.08(b).

   (d)    If at the end of the time period set forth in the order, the tree has not been removed, it shall be declared a nuisance, and the Arborist shall have the tree removed and costs assessed in accordance with the procedures set forth in Section 917.08.

   (e)    A tree shall be deemed a nuisance if it or any part of it:

      (1)    Appears dead, dangerous to persons, neighboring property or public thoroughfares, or likely to fall;

      (2)    Is not pruned to a height of thirteen (13) feet above the street to accommodate vehicles such as garbage trucks, buses and street maintenance trucks;

      (3)    Is not pruned to a height of nine (9) feet above the sidewalk;

      (4)    Obstructs a curb, gutter, street or sidewalk;

      (5)    Interferes with sewers;

      (6)    Interferes with a planned public improvement.

         (Ord. 24-1993. Passed 9-28-93.)