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Municode Page 7 of 7 <br />performed at the expense of the owner. Appeals shall be in accordance with <br />section 117-55 <br />(2) Disease- or pest -infested trees. Any tree located within the city, which is determined <br />by a certified arborist to be afflicted with any dangerous or infectious insect infestation <br />or plant disease, may be declared a public nuisance. This shall include trees and <br />shrubs harboring injurious insects or pathogens that may cause significant potential <br />danger to the community forest. <br />a. The city or its designate may remove or cause or order to be removed, any tree <br />or part thereof which is in an unsafe condition or which by reason of its nature <br />is injurious to sewers, electric power lines, gas lines, water lines, or other public <br />improvements, or is infected with Oak Wilt or Dutch Elm Disease. <br />b. An evaluation of "imminent danger" means that the hazard to the public is <br />immediate. If the property owner cannot be contacted or refuses to remove the <br />hazard, the city will initiate action immediately. <br />c• An evaluation of "potentially dangerous" means that a hazard to the public will <br />exist in the near future. The property owner will be notified and should remove <br />the future hazard as soon as possible. <br />(Code 1978, § 9.24.05; Ord. No. 03-33, 9-15-2003; Ord. No. 06-25, § 2, 8-8-2006) <br />Sec. 117-329. - Exemptions. <br />Requirements of this division may be waived by the city for a project in which at least 75 <br />percent of the land has already received a permit initiating clearing or grading activities prior to the <br />effective date of the ordinance from which this division is derived. <br />(1) The provisions of this division are not intended to prohibit agriculture, silviculture, <br />horticulture, or nursery operations within the city. <br />(2) The provisions of this division are intended to prevent the spread of disease or <br />infestation of trees within the city. Authorization may be obtained to remove certain <br />trees to prevent the transmission of disease or infestation and to alleviate potentially <br />hazardous trees that may cause injury to persons or property. <br />(Code 1978, § 9.24.06; Ord. No. 03-33, 9-15-2003) <br />Secs. 117-330-117-346. - Reserved. <br />http://library.municode. com/print. aspx?h=&clientlD=14286&HTMRequest=http%3 a%2f... 12/3/2012 <br />