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plants upon private property when such action is necessary to ensure public safety and/or to prevent <br /> the spread of disease or insects to public trees and places. <br /> a. Such notice shall describe the kind of tree,shrub,or other plant or plant part which has been <br /> declared to be a public nuisance;its location on the property;and the reason for declaring it a <br /> nuisance. <br /> b. Proper disposal procedures of wood,bark and debris from said nuisance shall be detailed in said <br /> notice.These disposal procedures shall be followed within the time provided in the notice. <br /> C. The notice of violation shall state the specific violation and indicate whether immediate <br /> enforcement will be sought or if 30 days will be allowed to correct and remove the violation. <br /> d. If the owner of the property to whom an order has been issued fails or refuses to take remedial <br /> action in accordance with and within the time specified in an order,the city or its designate shall <br /> cause the remedial action so ordered to be performed at the expense of the owner.Appeals shall <br /> be in accordance with section 117-55. <br /> (2) Disease-or pest-infested trees.Any tree located within the city,which is determined by a certified <br /> arborist to be afflicted with any dangerous or infectious insect infestation or plant disease,may be <br /> declared a public nuisance.This shall include trees and shrubs harboring injurious insects or pathogens <br /> that may cause significant potential danger to the community forest. <br /> a. The city or its designate may remove or cause or order to be removed,any tree or part thereof <br /> which is in an unsafe condition or which by reason of its nature is injurious to sewers,electric <br /> power lines,gas lines,water lines,or other public improvements,or is infected with Oak Wilt or <br /> Dutch Elm Disease. <br /> b. An evaluation of"imminent danger"means that the hazard to the public is immediate.If the <br /> property owner cannot be contacted or refuses to remove the hazard,the city will initiate action <br /> immediately. <br /> C. An evaluation of"potentially dangerous"means that a hazard to the public will exist in the near <br /> future.The property owner will be notified and should remove the future hazard as soon as <br /> possible. Commented[CA25]:Move to a separate chapter. Also, <br /> (Code 1978,§9.24.05;Ord.No.03-33,9-15-2003;Ord.No.06-25,§2,8-8-2006) incorporate more information focusing on prevention rather <br /> than on control. Include in Purpose that prevention is more <br /> cost effective for property owners than control measures. <br /> Requirements of this division Fnay be waived by the eity for a project in which at least:75 peFeent of the land <br /> frn—m.IAihirh this s-i\/isi/ln is de Fi ed <br /> (1) The provisions of this divisien are net intended to pFehibit J silviculture, J <br /> of <br /> nurseFy operations within the city. <br /> (2) The PFOViSions of this division aFe intended to pFevent the SpFead of disease OF infestation of tF <br /> within the city.AutheFizatien Fnay be ebtained to remove eertain trees to prevent the t H+4 <br /> disease or infestation and te alleviate petentlally hazaFdE)US tFees that Fnay C V te peFSE)nS OF <br /> Commented[CA26]:Recommend eliminating <br /> (Code 1978,§9.24.06;Ord.No.03-33,9-15-2003) <br /> Created: 2023-01-11 09:35:41 [EST] <br /> (Supp.No.11) <br /> Page 8 of 9 <br />