Cross References — As to shrubbery impeding sidewalks and public ways, §§505.070 et seq.
Article I In General
Article II Diseased or Dead Trees
[R.O. 2009 §24-1; Code 1969 §41-1]
It shall be unlawful to plant, set, pull up, cut down, burn, destroy, remove, trim or in any manner injure any tree, shrub, vine or flower standing in any public street, boulevard, alley, park or other public place without first obtaining the written consent of the City Engineer or Public Works Official.
[R.O. 2009 §24-2; Code 1969 §41-2]
It shall be unlawful to place any stone, cement or other substance about any tree, shrub, vine or flower in any of the public streets, boulevards, parks, alleys or other public places in such way as will impede the free entrance of water or air to the roots thereof and in all cases an open space of ground about the trunks thereof not less than four (4) feet square shall be provided.
[R.O. 2009 §24-3; Code 1969 §41-4]
It shall be unlawful to attach in any manner whatsoever an electric wire, telephone wire or other wire of any kind to any tree, shrub, vine or flower standing in any of the public streets, boulevards, alleys, parks or other public places or to string such wire so that the same comes in contact with any branch or other part of such tree, vine, shrub or flower without having first obtained the permission in writing of the City Engineer or Public Works Official to do so.
[R.O. 2009 §24-4; Code 1969 §41-5]
A "corner lot", for the purposes of this Section, is any lot abutting on two (2) streets at their intersection.
No obstruction of any kind that is a traffic hazard shall be permitted on any corner lot or corner property for a distance of ten (10) feet from the corner property line parallel to the line of traffic.
[R.O. 2009 §24-16; Code 1969 §41-6]
Any tree, whether living or in a dead or dying condition, wherever located within the City which shall be infected with the fungus Coratostomella Ulmi or with the virus disease Phloem Necrosis is hereby declared to be a public nuisance and shall be removed as provided in this Article.
[R.O. 2009 §24-17; Code 1969 §41-7]
Any tree in a dead or dying condition, wherever located within the City, whether or not the same is then infested with any disease referred to in Section 230.100, is hereby declared to be a public nuisance and shall be removed as provided in this Article.
[R.O. 2009 §24-18; Code 1969 §41-8]
If the Public Works Official shall determine that any tree within the City is in a dead or dying condition or is infected with any of the diseases referred to in Section 230.100, he/she shall, if the tree is in any public street, ground or place or upon any property owned by the City, immediately remove the same in such manner as to prevent as fully as possible the occurrence or spread of any such disease. If such tree is located on private property, a written notice shall be served upon the owner of record of such property, a written notice that such tree is so infected or in a dead or dying condition and that the same shall be removed under the supervision of the Public Works Official within ten (10) days after the service of such notice. Such notice shall also notify the owner that unless an appeal is filed as provided by this Article or unless the tree is removed as provided in this Article, the City will proceed with the removal of such tree, causing the cost to be assessed as a special tax bill against the property. If such owner cannot be found, a copy of such notice shall be posted upon the tree designated in such notice.
[R.O. 2009 §24-19; Code 1969 §41-9]
Any owner of record of property upon which is located any tree determined by the Public Works Official to be in a dead or dying condition or infected with any of the diseases referred to in Section 230.100 may, by notice in writing served upon the Director of Planning and Development or his/her designee within the time limited for removal of the tree as provided in the notice served or posted as provided in Section 230.120, request a hearing upon the determination. The hearing shall be at such time and place within the City as the Director of Planning and Development shall determine, upon at least four (4) days' prior written notice to the appellant. The hearing shall be informal and the appellant and the City representatives may submit such testimony or other evidence bearing upon any question presented by the appellant's request for hearing. At the conclusion of such hearing the Director of Planning and Development shall render a written finding; and if such finding is that the tree in question is in a dead or dying condition or is infected with any of the diseases referred to in Section 230.100, then such owner shall remove the tree as provided in Section 230.120, within three (3) days of service upon him/her or of posting as provided in Section 230.120 of a copy of such finding.
[R.O. 2009 §24-20; Code 1969 §41-10]
If any tree subject to removal as provided in this Article, shall not be removed after the notice and within the time limited in Section 230.120 or, in the event of appeal, in Section 230.130, then the Public Works Official shall cause the tree to be removed and burned in such manner as to prevent as fully as possible the occurrence or spread of any disease referred to in Section 230.100. He/she shall certify the cost of the same to the City Clerk/Administrator, who shall cause a special tax bill therefore against the property to be prepared and collected with other taxes against the property. The tax bill from the date of its issuance shall be a lien upon the property with the same priority as general taxes assessed against the property for the current calendar year. The lien shall continue until the tax is paid. The special tax bill shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same or in the proceedings leading to its issuance shall be a defense thereto. Such tax bills, if not paid by December thirty-first (31st) of the calendar year in which issued, shall bear interest of the rate of eight percent (8%) per annum from and after such date.
[R.O. 2009 §24-21; Code 1969 §41-11]
The Departments of Public Works and Planning and Development are charged with the enforcement of this Article and, to that end, the Public Works Superintendent, Director of Planning and Development and their representatives may enter upon private property at all reasonable hours for the purpose of inspecting trees thereon and may remove such specimens as they deem necessary for purposes of analysis to determine whether or not the same are infected with any of the diseases referred to in Section 230.100.