The provisions of this section shall apply to all private properties within the Town of Payson. The intent of this section is to provide for the removal, pruning or spraying of trees that present a danger to persons, property and other vegetation and to preserve healthy, native trees by the removal, pruning or spraying of trees with diseases and infestations of insects and parasites.
(A) Upon determining that any tree or part thereof constitutes a nuisance, and an immediate danger exists to persons, property or other vegetation, the Zoning Administrator or his/her designee shall after notifying the property owner in writing and describing the condition, direct the property owner to remove, spray or prune the tree.
(B) A tree shall be deemed a nuisance if it or any part of it:
(1) Appears dead, dangerous or likely to fall;
(2) Is not pruned to a height of 14 feet above the street to accommodate vehicles such as garbage trucks, buses and street maintenance trucks;
(3) Is not pruned to a height of ten feet above the sidewalk;
(4) Obstructs a curb, gutter, street or sidewalk;
(5) Interferes with sewers;
(6) Is in dangerous proximity to interfere with public utilities; or
(7) Interferes with a planned public improvement.
(8) Trees infected with infectious parasites or insects.
(C) Upon determining that any tree upon private property is diseased or infested with insects or parasites, the Zoning Administrator or his designee shall notify the property owner in writing, describing the condition, stating the actions necessary for correction and setting forth a reasonable time in which the action must be taken. Actions necessary for correction may include but is not limited to the following:
(1) Spraying the diseased or infested (insect or parasite) tree.
(2) Removal and proper disposal of portions or the entire diseased or infested tree. 'Proper disposal' shall mean: relocation of all portions of the diseased tree, to the landfill site or to areas outside of town generally unaffected by the disease or infestation with the approval of the Community Development Department.
(3) The 'reasonable time' for removal of insect infested trees, may be during the winter months, when the insects are dormant and much less likely to spread.
(D) In the event the property owner fails to remove the dangerous tree or take the required corrective action, the Zoning Administrator or his designee is authorized, in the public interest, to enter the property to spray, trim, prune, treat or remove any or all of the dangerous, diseased or infested tree. The cost of this service, including labor, equipment and materials, shall be assessed to the property owner.
(E) If the costs of remedying the condition are not paid within 30 days after receipt of a statement from the Town Zoning Administrator or his designee the amount shall become a lien upon the property to be included in the tax bill rendered to the property owners, and shall be collected in the same manner as other taxes against such property.
(Ord. 466, passed 2-22-96)