(a) Any poplar, basswood, box elder or willow tree upon any private property in such close proximity to any public place as will permit the roots of such tree to penetrate through or under the surface of any public place, is hereby declared to be a public nuisance and shall be abated forthwith by the Service Director.
(b) No owner shall permit any tree or part thereof to remain on private property if such tree is dead, substantially dead, infested by insects, diseased, or nested in by diseased animals or vermin, nor shall any such tree which is dead or substantially dead be permitted to remain upon private property where the condition or peculiar angle of growth is found to be causing a safety hazard to persons or property.
(1) Upon written notice to the owner by the Director, any such tree shall be removed to the stump within 30 days.
(2) All stumps within the front set back area of the property which extend above grade level shall be removed within 30 days upon written notice by the Director.
(3) Wherever tree trunks and/or tree roots extend over the boundary line or boundary lines of more than one parcel of real property, the Director shall notify each and all owners over which or into which such tree extends.
(4) All such owners shall be equally responsible for the removal of such tree and for the cost of removing such tree, unless, within the 30 days, each or all of the owners furnish the Director with a survey from a registered professional surveyor which more specifically delineates the location of such tree and the ownership of the lands upon which such tree is located. Thereupon, the Director may, but shall not be required to, apportion the responsibility for the costs of the removal of the tree trunk, branches and/ or stump.
(5) Entry of any person upon any abutting property reasonably necessary for the purpose of complying with this provision shall be authorized by the Director and shall not constitute a trespass.
(6) Should any owner or owners dispute the condition or stability of any tree as determined by the Director, the owner may, within such 30 days, provide appropriate documentation from a recognized tree expert relative to the condition or stability of such tree.
(7) In accordance with the foregoing and, except for any reasonable extensions of time granted by the Director, the decisions of the Director shall be final.
(c) The Director is hereby authorized and directed to cause to be served upon the owner or person in charge of such private property a written notice directing the removal of such tree within the time specified. If such owner or owners fail to comply with the requirements of the notice within the time therein specified, or any reasonable extensions granted by the Director, the Director is hereby authorized to enter upon the private property and to permit contractors or employees to enter upon the property so as to proceed with the required work, all of which shall be done at the expense of the owner or owners, and the entire expense thereof shall be certified, with the approval of the Director of Law and the Director of Finance, as a lien upon the property or properties upon which such tree is located and shall be billed and collected in the manner hereinafter provided.
(Ord. 2002-23. Passed 6-17-2002.)