(A) Generally. The following are declared to be public nuisance under this subchapter:
(1) Any tree or shrub located on private property having a destruction or communicable disease or other pestilence which endangers the growth, health, life or well-being of trees, shrubs, or plants in the city or which is capable of causing an epidemic spread of a communicable disease or insect infestation;
(2) The roots of any tree or shrub, located on private property, which cause the surface of the public street, curb, or sidewalk to be upheaved or otherwise disturbed; and
(3) Any tree, shrub, or portion thereof located on private property which, by reason of location or condition, constitutes an imminent danger to the health, safety, or well-being of the general public on city property.
(B) Responsibility for repairing tree public nuisance. Where a nuisance exists upon property, and is the outgrowth of the usual, natural, or necessary use of property, the landlord thereof, or his or her agent, the tenant or his or her agent, and all other persons having control of the property on which the nuisance exists, shall be deemed to be the authors thereof, and shall be equally liable therefor.
(C) Nuisance creation and maintenance. It is unlawful for any person, either as owner, agent, or occupant, to create or aid in creating or contributing to or to maintain a public nuisance.
(D) Nuisance abatement. The city may serve notice in writing upon the owner, occupant, or agent of any lot, building, or premises in or upon which a nuisance may be found, or upon the person who may be the cause of the nuisance, to require the person to abate the nuisance within a 14-day period. Failure to give a notice as provided herein shall not relieve the author of any nuisance from the obligation to abate the nuisance, or from the penalty provided for the maintenance thereof. Notice of appeal may be filed with the City Clerk-Treasurer within 14 days of service of notice. Appeals from the City Forester’s decision shall be heard by a hearing officer designated by the mayor within 14 days.
(E) Expense of abatement responsibility of offender. In the event of noncompliance with the notice to abate the nuisance, after notice in writing has been served, and within the time specified in the notice, the city may abate or cause the nuisance to be abated making the expense of the abatement a special assessment against the property.
(F) Abuse or mutilation of public trees. It is unlawful for any person to damage, transplant, top, remove, or mutilate any tree on public property.
(G) Private trees. The City Forester or official designee has the authority to enter on to private property whereon there is located a tree, shrub, plant, or plant part that is suspected to be a public nuisance.
(H) Notice to abate nuisance. All orders to trim, remove, or treat trees, shrubs, or plants given pursuant to this subchapter shall be in writing and shall be served in person or by first-class mail upon the owner of the property where the trees, shrubs, or plants are located. The orders shall give the owner of the property not less than 14 days from the date of mailing of the notice to comply with the order. It shall be unlawful for any owner of property receiving such an order to fail to comply with the order in the time specified. The City Forester may approve removal of public trees and, as a condition, the permitees may be required to compensate the city for the value of the tree(s) removed either by replacement thereof or by monetary assessment.
(Ord. 176, passed 7-19-1993)