(A) Any tree, shrub, grass, or plant which endangers public property or the health or safety of the public, or any noxious weed as defined in § 95.02, is hereby declared to be a public nuisance.
(B) Any public nuisance under this section shall be abated by the owner or occupant of the premises upon which such nuisance is located or which adjoins that portion of a street or alley where such nuisance is located. Abatement shall, except as to proceedings under division (D) below, be in compliance with notice from the City Manager specifying the action required to abate the nuisance and stating the reasonable time within which abatement shall be accomplished. Notice shall be served in accordance with the provisions of § 36.02.
(C) If, at the expiration of the time limit in the notice, the owner or occupant has not complied with the requirements thereof, the City Manager may cause the requirements of the notice to be carried out. The cost of such abatement shall be charged against the premises and the owner thereof in accordance with the provisions of § 33.21.
(D) The City Manager may abate any such public nuisance without giving notice if the public health or safety requires immediate action. Thereafter, the cost of abating such nuisance shall be charged against the premises and the owner thereof in accordance with the provisions of § 33.21.
(E) Property owners shall contact the Streets Division of the City's Department of Public Services with regard to concerns they may have as to the condition of any tree in the public right-of-way or on public property. City staff shall conduct an assessment of any tree in the public right-of-way or on public property for which they receive a complaint. After such assessment, the city shall, at its own cost, maintain or remove any tree as necessary. Property owners may also maintain or remove any tree in the public right-of-way portion of their property, at their own cost, upon receiving any necessary permits or approvals as required by this code.
(Prior Code, § 95.03) (Ord. D-9, passed 1-2-1940, effective 1-15-1940; Ord. D-392, passed 6-4-1956, effective 6-14-1956; Ord. D-646, passed 4-6-1964, effective 4-16-1964; Ord. D-1767, passed 9-30-1996, effective 11-11-1996; Ord. O-33, passed 4-4-2005, effective 4-14-2005; Ord. O-249, passed 5-23-2022, effective 6-2-2022)