(A) Duty of property owners to notify Community Development Director. It shall be the duty of all owners and persons having the possession or control of real property within the city to promptly notify the Community Development Director in the event any tree or shrub in the street, avenue, highway and parkway planting areas immediately adjacent to the property owned or controlled by such owners or persons entitled to the possession and control of such property is in such condition as to be a menace to public safety or endanger life or property. ('65 Code, § 7-7.08)
(B) Inspection. The Community Development Director may inspect any tree, shrub or plant upon any street, avenue, highway, park, parkway, ground or public place of the city, or any tree, shrub or plant standing on any private property, which tree, shrub or plant overhangs or projects into any street, avenue, highway, park, parkway, alley or public place of the city, to determine whether such tree, shrub or plant, or any part thereof, is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on such street, avenue, highway, park, parkway, alley or public place. ('65 Code, § 7-7.09)
(C) Trimming and removal. If, in the opinion of the Community Development Director, any such tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of the public on any such street, avenue, highway, park, parkway, alley or public place, he may cause such tree, shrub or plant, or such parts thereof as are hazardous or an impediment, to be trimmed or removed so as to remedy such condition. ('65 Code, § 7-7.10)
(D) Removal; notice to owner; service of notice.
(1) No hazardous tree, shrub or plant standing on any private property shall be cut down or removed unless ten days notice in writing of such intention shall be given by the Community Development Director to the owner, occupant or agent of the owner of such property upon which such hazardous condition exists, unless in the opinion of the Community Development Director, the public health, safety, and welfare requires immediate action. ('65 Code, § 7-7.11)
(2) If, after due diligence, the Community Development Director is unable to serve such written notice upon such owner or his agent personally, the Community Development Director may serve such notice by enclosing the same in an envelope addressed to such owner, or to his agent, at his last known address, or at the address shown by the last assessment roll of the county, and by depositing such notice, with postage thereon fully prepaid, in the United State Post Office in the city. ('65 Code, § 7-7.12)
(E) Appeals. If the owner, occupant or agent of the owner of such private property within seven days after such notice files his objection to the removal of such tree, shrub or plant with the Community Development Director, such tree, shrub or plant shall not be cut down or removed unless the Community Development Director shall give such owner, occupant or agent a reasonable opportunity to be heard in support of such objection. If such objection shall not be sustained, the Community Development Director shall thereafter approve in writing the cutting down or removal of such hazardous tree, plant or shrub. ('65 Code, § 7-7.13)
(F) Liability of city and duty of property owners. Nothing contained in this subchapter shall be deemed to impose any liability upon the city or its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, avenue, highway, park, parkway, alley or public place within the city. ('65 Code, § 7-7.14)
(Ord. 593, passed - - ) Penalty, see § 95.99