(a) It shall be the duty of any person or persons owning or occupying property bordering on any street right-of-way upon which property there may be trees or shrubs, to prune, or cause to be pruned, such trees or shrubs in such manner that they will not obstruct or shade the street lights, obstruct passage of pedestrian on sidewalks, obstruct vehicular traffic. Dead or diseased trees on private property which can impact the public right-of-way, or those which constitute hazard to life or property, or harbor insects or diseases which constitute a potential threat to other trees or shrubs within the City shall be removed or caused to be removed by the person owning or occupying the property.
(b) Should the private property owner or occupier fail to address the removal of such trees or parts thereof, the City shall have the right to cause the removal of said trees or parts thereof. For such removal the following procedures are established:
(1) The City Manager/designee shall order removal of such tree or shrub or parts thereof identified as dead, diseased or a menace, by a letter sent certified mail, return receipt requested.
(2) A period of no more than fifteen days from receipt of certified letter shall be permitted to effect such removal.
(3) Should the certified letter be unclaimed, the City Manager/designee shall send a letter via regular mail to the owner's last known address and the owner shall have fifteen days from the date of mailing to affect such removal.
(4) Should the property owner fail to comply within the specified time, it shall be lawful for the City, its employees, or agents to enter onto the property to remove such trees or shrubs or parts thereof, and to bill the property owner for treble the actual cost of the work, or if necessary to assess the same to the property owner as provided by the law in the case of special assessments.
(5) The person to whom an order is directed may appeal the order of the City Manager/designee by notifying the City Manager of such an appeal within the fifteen days after receipt of written notice. The City Manager/designee will delay enforcement of the order until such time the appeal may be presented to and decided by the Municipal Properties, Building, Streets, & Cemeteries Committees who are hereby authorized to hear such an appeal; such appeal shall be informal in nature, and the decision of the majority members of said Committee shall be a final order.
(Ord. 41-95. Passed 5-1-95.)