(A) The Public Works Director may inspect any tree adjacent to or overhanging any public street to determine whether the same or any portion thereof is in a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on the public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the Public Works Director endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of the private property does not correct or remove the nuisance within ten days after receipt of written notice thereof from the Public Works Director, the Public Works Director shall cause the nuisance to be corrected or removed and the cost shall be assessed to the owner. If the owner, occupant or agent of the private property within seven days after receipt of the notice has filed his or her objection to the removal with the Public Works Director, the tree shall not be cut down or removed unless the Public Works Director shall give the owner, occupant or agent a reasonable opportunity to be heard in support of the objection.
(B) If the objection be not sustained, the Public Works Director shall thereafter approve in writing the cutting down or removal of the hazardous or impeding tree, plant or shrub. Any decision of the Public Works Director may be appealed within ten days to the Parks and Recreation Commission and, if still not sustained, then to the City Council. Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his or her property or under his or her control in a condition as to prevent it from constituting a hazard or an impeding to travel or vision upon any street.
(`61 Code, § 23A.15) (Ord. 419, passed 2-5-1963)