Agenda - Council - 03/12/2024 - Laserfiche WebLink

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1 (1) Any tree located within the city, which is determined by a certified arborist or a certified 2 tree inspector, to be a nuisance tree, as defined above may be declared a public nuisance. 3 A nuisance tree can be declared hazardous or potentially hazardous if circumstances 4 warrant immediate action to abate that nuisance. 5 a. The city, or its designate, may remove or cause or order to be removed, any 6 nuisance tree or part thereof. 7 b. An evaluation of "imminent danger" means that the hazard to the public is 8 immediate. If the property owner cannot be contacted or refuses to remove the 9 hazard, the city will initiate action immediately. 10 C. An evaluation of "Potentially dangerous" means that a hazard to the public will 11 exist in the near future. The property owner will be notified and should remove the 12 future hazard as soon as possible. 13 (d) The city shall have the right to cause the removal of any nuisance tree(s), as defined above, on 14 private property In the event of failure of the properly owner(s) to comply with such provisions, 15 the city shall have the authority to remove such nuisance trees and charge the cost of removal to 16 the property owner. 17 (1) Notice to take action. A"Notice to Take Action" will be issued upon determination by the 18 city, or its designee,to prevent the spread of disease or insects to public trees in accordance 19 with one (or more) of the following provisions: 20 a. For Oak Wilt, any of the following: visual confirmation of wilted leaves, presence 21 of a fungal spore pad(s), or laboratory confirmation of the presence of the Oak Wilt 22 fungus. 23 b. For Dutch Elm Disease, any of the following: laboratory confirmation of the 24 presence of the Dutch Elm Disease fund, visual confirmation of leaf symptoms, 25 staining of the sapwood, or visual confirmation of elm bark beetle galleries. 26 C. For Emerald Ash Borer, confirmation of EAB galleries or D-shaped exit holes. 27 (2) The Notice to Take Action shall include the following information: 28 a. Specify the kind of tree which has been declared to be a public nuisance; its 29 location on the property; and the reason for declaring it a nuisance. 30 b. Proper disposal procedures of wood, bark and debris from said nuisance shall be 31 detailed in said notice. These disposal procedures shall be followed within the time 32 provided in the notice. 33 C. The Notice to Take Action shall state the timeline to correct and/or remove the 34 nuisance trees 35 d. If the owner of the property to whom an order has been issued fails or refuses to 36 take remedial action in accordance with and within the time specified in a Notice 37 to Take Action,the city, or its designate, shall cause the remedial action so ordered 38 to be performed at the expense of the owner. Appeals shall be in accordance with 39 Chapter 2 of City Code. 40 (e) Preventative Measures 41 When managing nuisance trees, as defined herein, preventative measures are generally more cost effective 42 for property owners than control measures. Hence, the following measures, either individually or in 43 combination, shall be implemented: