§ 92.33 DEAD OR DAMAGED TREES AND THE PRUNING OF TREES.
   (A)   The city shall have the right to prune and remove trees, plants and shrubs within the access of all streets, alleys, avenues and lane rights-of-way as may be necessary to ensure public safety and to prevent any injury to sewers, electric power lines, water lines or other public improvements.
   (B)   The city shall have the right to cause the removal of any dead or diseased tree on private property within the city. The city will notify in writing the owners of the real estate where such trees are located and removal shall be done by said owners at their own expense within 60 days after the date of service of notice by registered or certified letter. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees or contract for the removal of such trees and charge the cost of removal of such trees to the owners of the property by special assessment on the property tax notice. The city also may require the removal of dead branches from trees that are partially dead in the same manner as set out above.
   (C)   If after giving notice, as set out above, the owner of real estate where a dead or partially dead tree is located fails to remove the trees or the dead part of a partially dead tree within 60 days, then the owner of said real estate shall be in violation of this subchapter.
   (D)   If any owner of real estate fails to remove a dead or partially dead tree, as set out in this subchapter within 60 days and the city elects to remove said dead tree or partially dead tree or contract for the removal of the same, it shall be unlawful for any person to prevent, delay or interfere with the city removal of said dead tree or partially dead tree.
   (E)   Any trees located upon real estate owned by any person which real estate is subject to an easement by the city for street, sewer or other public improvements, shall be liable under the provisions of this subchapter for the removal of any dead tree or partially dead tree and it shall not be the responsibility of the city to remove said tree or partially dead tree, unless the trees are located upon real estate owned by the city.
(Prior Code, § 10.02.04) (Ord. 654, passed - -; Ord. 731, passed - -) Penalty, see § 91.99