(A) Authority of Public Service Director. The Public Service Director or his or her designee shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all street rights-of-way, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of the public grounds.
(B) Removal of dead street trees. It is hereby declared a nuisance for any property owner to permit, allow or maintain any dead or diseased trees within the right-of-way of streets, within the corporate limits of the city and adjacent to the property owner’s property. Notice to abate and remove such nuisance and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within 5 days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by the City Administrator. The hearing officer shall render a decision on the appeal within 5 business days after the conclusion of the hearing. If the appeal fails, the city may have the work done to abate and remove the dead or diseased trees. If the owner or occupant of the lot or piece of ground does not request a hearing with the city within 5 days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the city may have such work done. The city may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited as a special assessment.
(C) Planting of street trees by adjacent property owners. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of trees is in accordance with § 96.03.
(Prior Code, § 54-39) (Ord. 2974, § 1, 9-20-1994; Ord. 3953, § 1, 8-2-2016)
Penalty, see § 96.99