1. Right to Enter, Test, and Inspect. The Public Works Director shall enforce the provisions of this section. To secure enforcement hereof, the Superintendent shall have the right and is hereby empowered to enter upon the property of any person within the City for the purpose of testing, inspecting, and obtaining samples of any trees, brush, wood, or debris thereon.
2. Permitting Dead or Diseased Trees or Plants to Stand.
A. No property owner shall maintain or permit to stand upon his or her property any tree, shrub, plant or part thereof which is dead, diseased, or so damaged as to be a menace to public safety.
B. When the Superintendent determines that any tree, shrub, plant or part thereof is dead, diseased, or so damaged as to be a menace to public safety, the Superintendent may request the City Council to direct the property owner to remove the same within thirty (30) days, or to appear before the City Council for hearing on the matter during said period to show cause why the tree, shrub, plant or the appropriate part thereof should not be removed by the City with the cost of removal assessed against the property owner. Such notice to show cause and notice of the proposed City Council action shall be by certified mail to the property owner of record.
C. If, after hearing, the City Council approves removal, the Clerk shall send a copy of the resolution by certified mail to the property owner directing such removal within 30 days or the City shall remove and assess the cost of removal against the property owner.
3. Removal of Trees, Shrubs, and Plants. The Superintendent may remove or cause to be removed all trees, shrubs, plants or parts thereof upon the public streets or highways or other City property within the City when removal shall be beneficial to the public peace, health, and safety, or for public improvements or if such trees, shrubs, or plants constitute a public nuisance or are dead or diseased, or detrimental to the growth of adjacent trees, plants, or shrubs growing in the public streets or other City property.
4. Removal of Trees Infected with Dutch Elm Disease or Oak Wilt.
A. In accordance with Section 364.12 of the Code of Iowa, any owner, occupant, or person in control of any property shall remove from such property, at his or her own expense, any tree, brush, wood, or debris infected with Dutch elm disease or oak wilt or any dead oak or elm which retains bark, when so notified by the Superintendent. The Superintendent shall cause to be mailed to such owner, occupant, or person in control written notice that said person may appear before the City Council at an appointed time not less than fourteen (14) days from the date of mailing to show cause why the infected tree, brush, wood, or debris should not be declared a public nuisance. At that meeting the City Council may resolve and declare the same to be a public nuisance and may order its removal by the owner, occupant, or person in control within thirty (30) days from the date of service of a copy of the resolution and order on the owner, occupant, or person in control; provided however, upon timely receipt of a request in writing from the property owner showing inability to perform, hardship, or other good cause, the City Administrator may grant an extension of time to a maximum of an additional thirty (30) days for said removal by the owner, occupant or other person. No extension of time exceeding sixty (60) days may be granted without prior approval by the City Council.
B. If the owner, occupant, or person in control fails to comply with the resolution and order of the City Council to so remove previously specified public nuisance, the Superintendent shall cause that public nuisance to be removed and shall submit the costs incident to the service and removal to the City Council, which shall certify the same to the County Treasurer for collection with and in the same manner as general property taxes.
5. Diseased Tree Inspection Fees.
A. Fees for the City inspection of a tree or trees shall be paid to the City Treasurer in an amount set by resolution of the City Council, provided fees for inspections not requested by the owner or the owner’s representative shall be assessed only against those trees showing evidence of disease which requires removal of the tree.
B. For the purpose of this section, “private property” is defined as property not owned by the City.