CHAPTER XIII. STREETS, ALLEYS AND SIDEWALKSCHAPTER XIII. STREETS, ALLEYS AND SIDEWALKS\ARTICLE 4. TREES AND SHRUBS

Whenever any competent city authority or competent state or federal authority, when requested by the governing body of the city, shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a specified time in such notice.

(Ord. 570, Sec. 1)

Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.

(Ord. 570, Sec. 2)

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the city marshal shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city forces performing any such work, the governing body may contract with such competent person, company or corporation for the performance of such work.

(Ord. 570, Sec. 3)

No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city shall be permitted to remain on the premises, but shall immediately be removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.

(Ord. 570, Sec. 4)

(a)   Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

(b)   The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.

(Code 2016)

The city shall have the authority to treat or to remove any tree as defined in section 13-401, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.

(Ord. 570, Sec. 6)

No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

(Code 2016)

No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.

(Code 2016)

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for said treatment or removal and the county clerk shall extend the same on the tax roll of the county against said lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(Ord. 570, Sec. 7)

The violation of this article shall be deemed a misdemeanor and any person convicted thereof shall be fined in a sum not to exceed $100 or shall be imprisoned in the county jail for a period not to exceed 30 days or shall be both fined and imprisoned.

(Ord. 570, Sec. 8)