(a) No owner or occupant of any premises shall permit a tree of risk to stand so near to a target zone, such as, but not necessarily limited to, a sidewalk, a right of way, a roadway, a dwelling, a structure or an adjacent property so as to endanger users thereof, should all or part of the tree fall. Trees that are suspect of being at risk shall be inspected by a Certified Arborist and a basic tree risk assessment form shall be completed for review by the Code Enforcement Supervisor. If, upon initial inspection, a tree is identified as dead, the Code Enforcement Supervisor or his/her designee shall issue notice without a basic tree risk assessment to the owner.
(b) The notice and/or basic tree risk assessment form shall be served upon the owner and occupant. Any tree determined under this section to be a tree of risk shall be pruned, removed or otherwise treated by the property owner or his/her agent as necessary to cause the abatement of the tree of risk condition. If a tree must be removed because it is dead or a tree of risk, the remaining tree stump shall be no more than three (3) inches above grade.
(c) The Code Enforcement Supervisor or his/her designee is empowered to cause the immediate abatement of a tree of risk that constitutes a clear and present emergency nuisance, upon forty-eight (48) hour notice to the owner of the property, provided that a completed tree risk assessment form finds that the tree of risk creates a clear, present, immediate and emergency threat to vehicular and pedestrian users of the right of way and is delivered or attempted to be delivered to the owner and the owner neglects and/or refuses to abate the emergency nuisance. This section shall not operate to prevent the City of Mentor from taking emergency remedial action as necessary without notice to the owner or occupant of the property.
(Ord. 15-O-99. Passed 12-1-15; Ord. 17-O-86. Passed 9-19-17.)