(A) Any tree or shrub or parts thereof growing upon private property but overhanging or interfering with the use of any street, park, public improvement, or public place of the city that in the opinion of the City Forestry Chairperson endangers the life, health, safety, or property of the public shall be declared a public nuisance.
(B) Any tree growing on private property within the city afflicted with any dangerous and infectious insect infestation or tree disease shall be declared a public nuisance.
(C) Any such trees located in streets, parks, or public places shall be removed at city expense and under the direction of the City Forestry Chairperson.
(D) Whenever any public nuisance exists, contrary to the provisions of the sections in this chapter, the City Forestry Chairperson or his or her authorized agent shall give written notice to the owner or his or her agent or the occupant of the property, describing the tree, its location, and the nature of the nuisance, and ordering the owner, agent, or occupant to take such measures as may be reasonably necessary to correct or cease such nuisance, specifying the measures required to be taken.
(E) It is unlawful for any person to permit, cause, or suffer the existence of a public nuisance from and after 30 days following the date of the notice provided for.
(F) In any case the notice given shall not be complied with, the City Forestry Chairperson is authorized and empowered to order the removal or abatement of the public nuisance and, upon failure of the property owner to comply with such order in accordance with its terms, shall have the authority to make application to any court of competent jurisdiction for an order requiring the property owner and/or occupant thereof to permit the City Forestry Chairperson or those designated by him or her to enter upon such private property for the purpose of removing or abating the public nuisance, and further requiring such property owner and/or occupant to cease and desist from interfering with such removal or abatement.
(G) Any work contracted by the City Forestry Chairperson for the removal or abatement of public nuisances shall be submitted for bids and approved by the City Council.
(H) Upon completion of the abatement or removal of the public nuisance, the City Forestry Chairperson shall certify to the cost of the removal of the public nuisance. The owner or other persons to whom the notice was directed shall be notified by mail of the removal or abatement, the cost incurred for such work, and a statement that the cost incurred will be assessed against the owner’s property at a regular meeting of Council to be held not sooner than 30 days after the date of notice.
(I) It shall be the duty of the owner of the property or other person to whom notice was directed to pay the cost of such removal within 30 days after the date of mailing of the notice of completion, and in case of his or her failure to do so, the city shall have the right to make assessment by ordinance against any property for the purpose of collection in the same manner as general taxes are collected.
(1990 Code, § 89.007) (Ord. 69, passed 11-9-1988)