Ordinance - #24-03 - 03/26/2024 - Laserfiche WebLink

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1 f. Any tree deemed by the city to be hazardous, which may include structural defects 2 in the roots, stem, and/or branches, that could cause the tree to fail and, should it 3 fall, would land within a public right-of-way or upon public land. 4 (c) Nuisance Trees 5 (1) Any tree located within the city, which is determined by a certified arborist or a certified 6 tree inspector, to be a nuisance tree, as defined above, may be declared a public nuisance. 7 A nuisance tree can be declared hazardous or potentially hazardous if circumstances 8 warrant immediate action to abate that nuisance. 9 a. The city, or its designate, may remove or cause or order to be removed, any 10 nuisance tree or part thereof. 11 b. An evaluation of "imminent danger" means that the hazard to the public is 12 immediate. If the property owner cannot be contacted or refuses to remove the 13 hazard, the city will initiate action immediately. 14 c. An evaluation of "potentially dangerous" means that a hazard to the public will 15 exist in the near future. The property owner will be notified and should remove the 16 future hazard as soon as possible. 17 (d) The city shall have the right to cause the removal of any nuisance tree(s), as defined above, on 18 private property. In the event of failure of the property owner(s) to comply with such provisions, 19 the city shall have the authority to remove such nuisance trees and charge the cost of removal to 20 the property owner. 21 (1) Notice to take action. A "Notice to Take Action" will be issued upon determination by the 22 city, or its designee, to prevent the spread of disease or insects to public trees in accordance 23 with one (or more) of the following provisions: 24 a. For Oak Wilt, any of the following: visual confirmation of wilted leaves, presence 25 of a fungal spore pad(s), or laboratory confirmation of the presence of the Oak Wilt 26 fungus. 27 b. For Dutch Elm Disease, any of the following: laboratory confirmation of the 28 presence of the Dutch Elm Disease fungi, visual confiiiiiation of leaf symptoms, 29 staining of the sapwood, or visual confirmation of elm bark beetle galleries. 30 c. For Emerald Ash Borer, confiiiiiation of EAB galleries or D-shaped exit holes. 31 (2) The Notice to Take Action shall include the following information: 32 a. Specify the kind of tree which has been declared to be a public nuisance; its 33 location on the property; and the reason for declaring it a nuisance. 34 b. Proper disposal procedures of wood, bark and debris from said nuisance shall be 35 detailed in said notice. These disposal procedures shall be followed within the time 36 provided in the notice. 37 c. The Notice to Take Action shall state the timeline to correct and/or remove the 38 nuisance tree(s). 39 d. If the owner of the property to whom an order has been issued fails or refuses to 40 take remedial action in accordance with and within the time specified in a Notice 41 to Take Action, the city, or its designate, shall cause the remedial action so ordered 42 to be performed at the expense of the owner. Appeals shall be in accordance with 43 Chapter 2 of City Code. 44 (e) Preventative Measures Page 13 of 17 Ordinance #24-03