The following acts, things and conditions done or existing within this City are declared to constitute nuisances and are prohibited:
(a) Any poplar, bush elder, bass wood, willow, mulberry or soft maple tree upon any street, tree lawn or public place, or so near thereto as to permit the roots of such tree to penetrate through or under the surface thereof.
(b) Any tree, plant or shrub, wherever located within the City, infected with any parasite, insect, disease or pest which may be communicated to any other tree, plant or shrub.
(c) Any tree which, because of decay, injury or other condition, is apt to fall in whole or in part upon or across any street or public place.
(d) Any tree, plant or shrub whose branches or trunk obstructs or impedes traffic on any street or public place. Branches overhanging any public sidewalk, pavement or roadway within nine feet of the surface thereof shall be deemed prima facie to obstruct or impede traffic thereon.
(e) Any tree or part thereof growing upon private property but overhanging or interfering with the use of any public right of way, park or public place, which tree or part thereof, in the opinion of the Service Director, endangers life, health, safety or property, shall be declared a public nuisance. The owner of such property shall trim the branches so that they do not obstruct the light from any street lamp or the view of any street intersection.
(1) The owner shall remove all dead, diseased or dangerous trees and broken or decayed limbs which are a nuisance to the safety of the public.
(2) The owner may be notified in writing of the existence of the nuisance and given a reasonable time for its correction or removal. If not corrected or removed within the time allotted, the Director shall cause the nuisance to be corrected or removed and the cost shall be assessed as provided by law.
(3) The City may require the owner of any property within the City limits to remove or destroy diseased trees growing or which have grown and died upon property owned or occupied by him and which are a fire hazard or menace to the public health, safety and welfare.
(Ord. 2012-051. Passed 4-17-12.)