§ 156.40  NUISANCES.
   (A)   It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city with one or more oak trees located thereon, to intentionally, negligently, accidentally, or otherwise maintain such premises in such a manner so as to cause harm to and of such oak trees, by reason of any of the following conditions:
      (1)   Water saturation or deprivation;
      (2)   Nailing, screwing, stapling, bolting or otherwise attaching boards, fences, signs, placards, posters or other material that might cause injury to the oak tree;
      (3)   Neglect in the pruning or trimming of overgrown, diseased, decaying, dead or rotting limbs, branches and foliage.
   (B)   (1)   Whenever any premises or oak tree or trees exist, or are permitted to exist, within the city contrary to these provisions, the City Council, by resolution, may declare the same to be a public nuisance.
      (2)   Such resolution shall declare the intention of the City Council to commence abatement proceedings, as herein provided, and shall refer to the street and number under which it is officially or commonly known, and describe the property upon which such nuisance exists by giving the legal description of the land.
(Ord. 2006-009, passed 5-8-06)