(a) Any silver maple, honey locust, poplar, basswood, box elder, catalpa or willow upon private property in the City in such close proximity to any public place including, but not limited to, the tree lawn right-of way of residential property, in the City as will permit the roots of such tree to penetrate through or under the surface of any public place in the City, is hereby declared to be a public nuisance, and may be abated by the City Arborist as provided in Sections 707.02(c) and 707.08.
(b) Any cottonwood tree is hereby declared to be a public nuisance and may be abated by the City Arborist.
When the City Arborist finds it necessary to remove a cottonwood tree, he or she shall serve a written order to remove such tree or trees upon the owner, operator, occupant or other person responsible for the property upon which such tree exists. The order shall set forth a reasonable time limit for compliance. Upon noncompliance with the City Arborist's order, the City Arborist shall remedy the condition or contract with others for the purpose of abating the condition. The person abating the condition shall have the authority to enter the subject premises for that purpose and shall be charged with the cost of the abatement. If the cost for abatement is not paid within thirty days of the notice of the same, such cost shall be levied against the property upon which such cottonwood tree existed as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine as provided herein.
(Ord. 30-2017. Passed 6-26-17.)