Sec. 19-73. Trees on private property.
   (a)   Dead, dying, diseased, decayed, and defective trees or other woody plants that create a public safety hazard or harbor pests and/or infections harmful to other vegetation are hereby declared a public nuisance. Any tree displaying signs of an Emerald Ash Borer presence, Dutch Elm Disease, Chestnut Blight, Oak Wilt, or any other wilt disease or invasive species presence are hereby declared a public nuisance.
   (b)   The city shall have the right to inspect and remove or cause to be removed, in full or in part, any tree or woody plant determined to be a nuisance, on private property. The city will notify the property owner, agent, or occupant that the tree is a public nuisance and direct the property owner, agent, or occupant to abate the nuisance. The notice and order to abate will be in writing and sent by certified mail, return receipt requested or hand delivery. In the event the owner fails to correct the nuisance within the stated timeframe, the city may abate the nuisance and charge the cost of abatement and administrative costs to the property owner, agent, or occupant. If full payment is not received within thirty (30) days, the city may tax the cost of the abatement and administrative costs by special assessment against the real property.
   (c)   City staff will prepare a Nuisance Tree Determination Form explaining how a tree is noncompliant. A copy will be sent to the owner(s) with the official notice.
   (d)   A person who is the subject of a nuisance notice and order to abate may appeal the order to the Common Council by submitting a written appeal to the City Council within seven (7) days from the date the notice is postmarked or hand delivered.
   (e)   If, in the city’s determination, a tree or woody plant poses an immediate threat to human life or safety, the city may immediately remove the threat.
(Ord. No. 541, § 9-111, 5-16-83; Ord. No. 607, § 9-109, 1-19-87; Ord. No. 1343, 4-19-21)
   Cross references—Buildings and building regulations, Ch. 6; mobile homes and mobile home parks, Ch. 12; subdivisions, Ch. 15; zoning, supplementary district regulations, App. A, Art. V.