Any tree or plant which is capable of causing an epidemic spread
of communicable disease is hereby declared to be a public nuisance.
(1983 Code, sec. 19-38; Ordinance 8989, sec. 1, adopted 12/11/1986; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
It shall be unlawful for any person, owner, or occupant having
supervision or control of any lot, tract, parcel of land or portion
thereof, occupied or unoccupied, improved or unimproved, within the
corporate limits of the city to permit or maintain on any such lot,
tract, or parcel any tree or plant which is a public nuisance as defined
herein, and it shall be the duty of such person, owner, or occupant
to promptly remove, eradicate, or otherwise control such condition.
(1983 Code, sec. 19-39; Ordinance 8989, sec. 1, adopted 12/11/1986; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
The director of parks and recreation or his representative is
hereby authorized to enter upon any lot or parcel of land in the city
at any reasonable hour for the purpose of inspecting trees or plants
in order to accomplish the purpose of this article.
(1983 Code, sec. 19-40; Ordinance 8989, sec. 1, adopted 12/11/1986; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
The director of parks and recreation of the city or his representative
shall give to the owner or occupant having supervision or control
of the premises where a public nuisance, as herein defined, is found
written notice of the existence of such nuisance and an order detailing
the requirements of abatement to be completed within a reasonable
time to be specified in such notice. If personal service may not be
had, service may be made by publication. Failure of the owner or occupant
to correct the violation within the specified time shall constitute
a misdemeanor.
(1983 Code, sec. 19-41; Ordinance 8989, sec. 1, adopted 12/11/1986; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
The owner or occupant served with notice as described in section 14.06.004 above shall have the right to appeal the order of the director of parks and recreation. Notice that such owner or occupant desires to appeal shall be submitted in writing to the director of parks and recreation or his representative within the time specified for abatement in the notice. Upon receipt of a notice of appeal, the director of parks and recreation shall schedule a meeting with the parks and recreation board as soon as practicable to consider such appeal. Until a final determination by the parks and recreation board, work required to be done by the director of parks and recreation shall not be required, and if the parks and recreation board sustains all or any part of the order, it shall set the time within which the work required to be done shall be done. A person dissatisfied with a decision under this section by the park and recreation board may appeal such decision in writing to the city council within ten (10) days after such decision is rendered, and the city council shall hear such appeal within thirty (30) days.
(1983 Code, sec. 19-42; Ordinance 8989, sec. 1, adopted 12/11/1986; Ordinance 9320, sec. 10, adopted 12/14/1989; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)
If any work required to be done by the director of parks and
recreation or the parks and recreation board is not accomplished within
the time specified, the director of parks and recreation shall cause
the work to be done and the cost of the same shall be assessed against
the property owner. Any notice given pursuant to this article shall
state that if the work required is not done within the time specified,
the city will cause the same to be done at the expense of the property
owner. A statement of the costs incurred by the city shall be mailed
to the property owner and such statement shall be paid within thirty
(30) days of the date of mailing thereof. If any property owner is
unable to pay the cost of such work within thirty (30) days, he may
enter into an agreement for the payment of the same in monthly installments.
(1983 Code, sec. 19-43; Ordinance 8989, sec. 1, adopted 12/11/1986; Ordinance 2012-O0084, sec. 1,
adopted 8/23/2012)
