§ 20¼-6. Public nuisances.

(a)

Definition. The following are hereby declared public nuisances under this chapter:

(1)

Any dead or dying tree, shrub, or other plant, whether located on city-owned property or on private property;

(2)

Any otherwise healthy tree, shrub, or other plant, whether located on city-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub, or other plant;

(3)

Any tree, shrub, or other plant, or portion thereof whether located on city-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public;

(4)

Any tree, shrub, or other plant, or portion thereof, whether located on city-owned property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street sign on city property;

(5)

Any tree, shrub, or other plant, or portion thereof, whether located on city-owned property or on private property, which dangerously obstructs the view, as such may be determined by the city engineer, pursuant to this chapter.

(b)

Right to inspect. The officers, agents, servants and employees of the city have the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.

(c)

Abatement. The following are the prescribed means of abating public nuisances under this chapter:

(1)

Any public nuisance under this chapter which is located on city-owned property shall be pruned, removed, or otherwise treated by the arborist in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.

(2)

Any public nuisance under this chapter which is located on private-owned property shall be pruned, removed, or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:

a.

The arborist shall cause a written notice to be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year;

b.

Such notice shall describe the kind of tree, shrub, or other plant or plant part which has been declared to be a public nuisance; its location on the property; the reason for declaring it a nuisance;

c.

Such notice shall describe by legal description or by common description the premises;

d.

Such notice shall state the actions that the property owner may undertake to abate the nuisance;

e.

Such notice will require the elimination of the nuisance no less than 30 days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year; and

f.

In the event that the nuisance is not abated by the date specified in the notice the arborist is authorized to cause the abate of said nuisance.

(3)

The arborist is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the arborist to be an immediate threat to any person, or property.

(Ord. No. 640, § 6, 12-4-95)