(Added by Ord. No. 153,500, Eff. 4/18/80.)
In case any tree, shrub or plant in any street in the city, or standing on privately owned real property and overhanging or projecting into a public street, appears to be dead, liable to fall, dangerous, or an obstruction to public travel on any such street, the Board shall cause the same, or such parts thereof as are dead, liable to fall, dangerous, or an obstruction to such public travel, to be cut down, and, if in the street, to be removed therefrom. Before the Board causes any such tree or shrub to be cut down or removed, the Board shall give at least ten days written notice of its intention to so proceed to the owner, occupant, or agent of the property upon which the tree or shrub is located, or of the property which abuts that part of the street in which the tree or shrub is located, provided, however, that where the immediate cutting and removal of the tree is necessary to protect the public from danger, such notice shall not be required. Such an owner, occupant, or agent may file with the Board their objection to such cutting and removal. These objections must be filed within seven (7) days after the Board has given such notice of intent. In the event the objections are timely filed, the tree or shrub shall not be cut down or removed unless such owner, occupant, or agent has been given a reasonable opportunity to be heard in support of their objection. The Board’s determination after the hearing shall be set forth in writing and a copy thereof forwarded to the party who had filed the objections.