(A) Public nuisances declared. The following are hereby declared public nuisances under this chapter:
(1) Any dead or dying tree, shrub, or other plant, whether located on city-owned property or on private property;
(2) Any otherwise healthy tree, shrub, or other plant, whether located on city-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub, or other plant;
(3) Any tree, shrub, other plant, or portion thereof, whether located on city-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public;
(4) Any tree, shrub, or other plant or portion thereof, whether located on city-owned property or on private property, which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street sign on city property; or
(5) Any tree, shrub, or other plant or portion thereof, whether located on city-owned property or on private property, which dangerously obstructs the view as that may be determined by the Streets Department pursuant to ordinance.
(B) Right to inspect. The officers, agents, servants, and employees of the city have the authority to enter onto private property whereon there is located a tree, shrub, or plant part that is suspected to be in the interest of public safety.
(C) Abatement. The following are the prescribed means of abating public nuisances under this chapter.
(1) Any public nuisance under this chapter which is located on city-owned property shall be pruned, removed, or otherwise treated by the city in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) Any public nuisance under this chapter which is located on private-owned property shall be pruned, removed, or otherwise treated by the property owner or his or her agent in whatever fashion is required to cause the abatement of 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 Superintendent of Streets shall cause a written notice to be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year;
(b) This notice shall describe the kind of tree, shrub, or other plant or plant part which has been declared to be a public nuisance, its location on the property, and the reason for declaring it a nuisance;
(c) The notice shall describe by legal description or by common description the premises;
(d) The notice shall state the actions that the property owner may undertake to abate the nuisance; and
(e) The notice shall require the elimination of the nuisance no less than 30 days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year.
(3) The Superintendent of Streets is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the Streets Department to be an immediate threat to any person or property.
(1983 Code, § 19-146) (Ord. 2730, passed 12-7-1995) Penalty, see § 92.99