Sec. 25-2. Acts declared nuisances; notice; abatement.

 

(a) It is hereby declared a nuisance for any person who is required pursuant to section 25-1(a) to maintain trees on any property to allow or permit to stand upon the property any dead tree or dead part of a tree, a stump or any diseased or damaged tree or any diseased or damaged part of a tree or any healthy tree or part of such tree which is a menace to public safety or which endangers any building or other property. Any such tree or part of a tree on private property, meeting the above criteria, may be declared to be a nuisance when a valid complaint is received about the same by the fire chief or his or her designee.

 

(b) It is hereby declared a nuisance for any person required to maintain trees pursuant to this chapter to permit limbs, branches or foliage of any tree or shrub upon property they are required to maintain to project into or extend over any sidewalk, street, lane or alley in such a manner that there is vertical clearance of less than eight (8) feet between the surface of a sidewalk and such limbs, branches or foliage and fourteen (14) feet between the surface of a street or alley and such limbs, branches or foliage.

 

(c) The fire chief or his or her designee shall notify the person or persons required to maintain property pursuant to this chapter of any nuisance as described in this chapter. The notice herein provided shall require the owner to abate such nuisance within thirty (30) days from the date thereof.

 

(d) The fire chief or his or her designee shall have the power and is hereby authorized and instructed, after the expiration of thirty (30) days from the date of notice sent by certified mail, to determine if compliance to abate a nuisance has been attained. If compliance has not been made, the city shall abate such nuisance by causing such trees or shrubs which are deemed to be a nuisance under this section, to be removed, pruned or spayed at the expense of the owner of the land where on the same stand or terrace abutting thereto. If the owner fails to reimburse the city after being billed, the cost of such abatement together with an administrative fee as set forth in Section 2-5 of this Code shall be levied, equalized and assessed as are other special assessments.

 

Source:  Ord. No. 3858, 2, 4-20-92; Ord. No. 5077, 1, 6-15-09; Ord. No. 5135, 16, 9-7-10