(A) All species and varieties of palm trees infected with or located in an area of existing lethal yellowing disease and susceptible to contamination, as herein determined by the City Commission, are hereby declared to be a public nuisance. All species and varieties of palm trees that are dead or substantially dead are hereby declared to be public nuisances. The entire area encompassed by the territorial limits of the city is hereby declared to be an area of lethal yellowing contamination and all palm trees within said area are hereby declared to be susceptible to infection from lethal yellowing disease.
(B) The City Landscape Inspector or other person designated by the City Manager shall perform the duties set forth in this section and shall enforce the provisions of this section. He or she may have such assistance as the City Manager shall from time to time provide.
(C) Any owner of any lot or parcel of land in the city shall not permit to remain or maintain on any such lot or parcel any dead or substantially dead palm trees and it shall be the duty of the owner of such property to promptly remove any such palm tree.
(D) To the extent permitted by law, the City Landscape Inspector or his or her designee, is authorized and empowered to enter on any lot or parcel of land in the city at any reasonable hour, for the purpose of inspecting or treating any palm trees situated thereon and he may remove such specimens from any such trees as are required to implement the purposes of this section.
(E) The city shall publish a prominent display ad in a newspaper of general circulation throughout the city containing a specific description of the geographic area of the city wherein all palm trees are to be treated in accordance with the standard, approved method of treatment or prophylaxis, as determined by the City Landscape Inspector. Such display ad shall clearly indicate that the city is proposing to enter upon all property contained within such area and treat all palm trees therein contained, unless written objection from a property owner of record is received by the city indicating that such property owner does not desire such treatment of trees by the city on their property within ten days from the date of publication of such display ad. Such ad shall also clearly indicate that the cost of providing such treatment will be spread among the general public residing in the city, regardless of whether any individual property owner or resident has contained on their property or residence any such trees to be treated. The city shall have the right to enter upon any property in the city and treat, without further notice or permission, all such trees contained in said proposed area of treatment for which said response from property owners has not been received by the city within the specified time, and the city shall have the right to charge and collect a reasonable fee from the general public by way of a surcharge upon all utility accounts within the city, as determined by the City Commission after public hearing for such treatment of prophylaxis.
(‘72 Code, § 22½-7.1) (Ord. O-74-128, passed 11-6-74; Am. Ord. O-2003-42, passed 12-17-03) Penalty, see § 106.99