(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DISEASED TREES. Those trees that may constitute a hazard to life and property by reason of the condition of the trees and/or represent a potential threat to other trees within the city due to the presence of a fatal disease including Dutch elm disease and chestnut blight.
(B) Trees within public right-of-way. The city may remove or cause to be removed any dead or diseased tree within the public right-of-way and prior to removal the Tree Board will notify, in writing, by certified mail, the owner of the tree by sending notice describing the condition of the tree and notice of removal to the owner of record based on the last known address of the owner of record as shall be established by the records of the county taxing authority. Removal shall be the responsibility of the owner or owners of the real estate where the dead or diseased tree is located and removal shall be accomplished within 60 days of notification. The Tree Board may, with the approval of the Council, cause to be removed at city expense, dead or diseased trees from the public right-of-way. A statement of the cost of removal shall be recorded by the Tree Board with the City Clerk giving a proper description of the lands where on the dead or diseased tree or trees were removed and the City Clerk shall certify to the County Treasurer the costs which shall then be added to the county tax lists as an assessment and charged against the lands, which charge shall be a lien upon the lands and be collected the same as all other taxes regularly levied. Nothing in this section shall be deemed to abridge the right of appeal from the finding of the City Council and Tree Board to the District Court.
(C) Trees on private land within the city. The city may remove or cause to be removed any dead or diseased tree located on private property within the city limits but prior to removal the Tree Board shall serve written notice by certified mail upon the owner of the real estate whereon the dead or diseased tree or trees are located to have the dead or diseased tree or trees removed within ten days. Upon failure of the land owner to comply with the notice of the Tree Board within ten days, the City Clerk shall give notice, in writing, to the land owner or his or her agent, fixing a date for a hearing before the City Council on the complaint previously entered, that the land owner or his or her agent is maintaining a public nuisance by failing to remove the trees. The notice shall fix a time not earlier than the next regular meeting of the City Council and in any event not less than five days after the date of the notice, when the owner or agent may appear before the City Council and a hearing shall be had upon the matter. If at the hearing it shall appear that the trees named in the notice are in a condition contrary to this subchapter, the City Council shall forthwith and at once declare the tree or trees a public nuisance and make an immediate order for the removal of the trees. If the owner or agent shall neglect or fail to comply with the order within 30 days after receipt of the written notice, the City Council shall cause the same to be done. The cost shall be paid from the general fund and a statement of the costs shall be recorded by the City Council with the City Clerk giving a proper description of the lands whereon the dead or diseased tree or trees is located and the City Clerk shall certify to the proper county taxing authority the costs which shall be included in making the county tax list as an assessment and charge against the lands, which charge shall be a lien upon the lands and be collected the same as all other taxes regularly levied. Nothing in this section shall be deemed to abridge the right of appeal from the finding of the City Council to the District Court.
(1972 Code, § 2-314) (Ord. 768, passed 2-16-1988)