2.26.220: CONDITIONAL USE PERMITS:

Where an application for a conditional use is filed with the planning commission on zoning and the planning commission deems it appropriate, the urban forester shall review the landscape improvement design of any conditional use application and make recommendations to the commission. (Ord. 8-12, 2012)

2.26.230: PUBLIC NUISANCE DEFINED AND DESIGNATED:

The following are defined and declared to be public nuisances under this chapter:

   A.   Any tree or shrub located on private property having a destructive or communicable disease or other pestilence which endangers the growth, health, life or well being of trees, shrubs or plants in the city or which is capable of causing an epidemic spread of a communicable disease or insect infestation;

   B.   The roots of any tree or shrub, located on private property, which cause the surface of the public street, curb or sidewalk to be upheaved or otherwise disturbed;

   C.   Any tree, shrub or portion thereof located on private property which, by reason of location or condition, constitutes an imminent danger to the health, safety or well being of the general public on city property. (Ord. 75-88 § 1, 1988)

2.26.240: RESPONSIBILITY FOR PUBLIC NUISANCE FIXED:

Where a nuisance exists upon property, and is the outgrowth of the usual, natural or necessary use of property, the landlord thereof, or his or her agent, the tenant or his or her agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof, and shall be equally liable therefor. (Ord. 75-88 § 1, 1988)

2.26.250: NUISANCE CREATION AND MAINTENANCE:

It is unlawful for any person, either as owner, agent or occupant, to create, or aid in creating or contributing to, or to maintain a public nuisance. (Ord. 75-88 § 1, 1988)

2.26.260: NUISANCE ABATEMENT:

The city shall ascertain and may cause all nuisances declared to be such by this chapter to be abated. (Ord. 75-88 § 1, 1988)

2.26.270: NOTICE TO ABATE:

Except as provided in section 2.26.260 of this chapter or its successor, the city may serve a notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which a nuisance may be found, or upon the person who may be the cause of such nuisance, requiring the person to abate the nuisance within a fourteen (14) day period. Failure to give a notice as provided herein shall not relieve the author of any nuisance from the obligation to abate such nuisance, or from the penalty provided for the maintenance thereof. Notice of appeal may be filed with the public services director within fourteen (14) days of service of notice. Appeals from the public services director's decision shall be heard by a hearing officer designated by the mayor within fourteen (14) days. (Ord. 1-06 § 2, 2006: Ord. 75-88 § 1, 1988)

2.26.280: EXPENSE OF ABATEMENT; RESPONSIBILITY OF OFFENDER:

In case of neglect or refusal of any person to abate any nuisance defined by this chapter, after notice in writing has been served upon them, as provided in this chapter, and within the time specified in the notice, the city may abate or procure the abatement thereof, and the expense of such abatement shall be collected from the person so offending. (Ord. 75-88 § 1, 1988)

2.26.290: ABUSE OR MUTILATION OF PUBLIC TREES:

It is unlawful for any person to damage, transplant, top, remove or mutilate any tree on public property. (Ord. 75-88 § 1, 1988)