A. Declared: The following conditions concerning trees or shrubs are hereby declared to be unlawful and a public nuisance. It shall be unlawful for the owner, occupant or the person in control of any property in the city to plant, maintain or permit the public nuisance described below to exist on said property or within the parking strip abutting such property:
1. Any tree or shrub planted or maintained contrary to the provisions of this chapter.
2. Any dead, dying, defaced, deteriorating, damaged or severely broken tree or shrub, which is dangerous to life, limb or property.
3. Any tree or shrub, having a destructive 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, such as Dutch elm disease or insect infestation, or gypsy moth.
4. Any cut wood or woodpile which provides a breeding site or habitat for insects or disease that endangers the growth, health, life or well being of trees, shrubs and plants in the city.
5. Trees, shrubs or hedges abutting upon or overhanging the sidewalk or roadway that are not kept at a minimum height of:
a. Fourteen feet (14') above the lane of traffic for streets maintained by Ogden City;
b. Sixteen feet (16') above the lane of traffic for streets maintained by the Utah department of transportation; or
c. Seven feet (7') above the sidewalk.
6. Any tree, shrub or portion thereof which obstructs the free or safe passage of pedestrian or vehicular traffic or which obstructs a streetlight, traffic signal or device.
7. Any tree, shrub or portion thereof, which obstructs the view of vehicular traffic in or approaching an intersection in violation of title 7, chapter 3 of this code.
8. The roots of any tree or shrub, which causes the surface of the street, curb or sidewalk to be upheaved or otherwise disturbed.
9. Any tree, shrub or portion thereof, which by reason of location or condition constitutes an imminent danger to the health or safety of the general public.
10. The planting of a tree designated by the urban forester as either a small or medium tree in a park strip that is less than five feet (5') wide, or as a large tree in a park strip that is less than eight feet (8') wide.
11. The planting on private property of a tree designated by the urban forester as a small tree within two and one-half feet (2.5') of a curb or sidewalk, as a medium tree within three feet (3') of a curb or sidewalk, or as a large tree within four feet (4') of a curb or sidewalk.
B. Owner Responsibilities: It shall be unlawful for the owner, occupant or the person in control of any property in the city to plant, maintain or permit any of the public nuisances described in subsection A of this section to exist on said property or within the parking strip abutting such property. Upon receiving notice of the existence of a public nuisance, it shall be the duty of the owner or occupant to correct said condition at their own expense within such time and manner as the urban forester may designate which shall not be less than ten (10) days from the date of service of such notice.
C. City Property; Abatement: Any public nuisance as defined in subsection A of this section, which is located in the public street right of way or on city property may be abated at any time under the direction of the urban forester or his/her authorized representative and in accordance with the arboricultural regulations of the city.
D. Alternative Remedies:
1. Abatement of public nuisances as defined in this chapter may be abated as provided in title 12, chapter 8 of this code, or its successor, with costs and expenses for such cleaning or removal and civil penalties to be assessed against the property in accordance with the provisions of such chapter.
2. This chapter may also be enforced by injunction, mandamus, judicial abatement or any other appropriate action in law or equity.
3. The procedures and authority granted by this chapter shall be in addition to and not in lieu of procedures provided in other ordinances of the city which have heretofore been or may hereafter be enacted to accomplish the same or related purposes, and no ordinances are repealed by this chapter, except as otherwise specifically stated.
4. Any abatement of public nuisances, which involves trees, shrubs or other woody vegetation, whether or not pursued under this chapter, shall be coordinated with the urban forester and the urban forester shall provide assistance in said abatements to any other department of the city.
(Ord. 2016-13, 3-1-2016)