This section applies to potentially hazardous, diseased or infested
trees that are dead, dying, structurally unsound, infected with contagious
diseases or insects, have significant decay, and may potentially impact
trees on public or private property, damage structures, or property,
or cause personal injury.
The following words and terms shall, for the purposes of this
chapter and as used elsewhere in this code, have the meanings shown
herein:
A tree where the condition presents a foreseeable danger
of inflicting damage that cannot be alleviated by treatment or pruning.
A tree may be dangerous because it is likely to injure people or damage
vehicles, structures, or development, such as sidewalks or utilities.
A tree that is dead or has been damaged beyond repair or
where not enough live tissue, green leaves, limbs, roots, or branches
exist to sustain life as determined by an arborist.
Degradation of tissue caused by biological organisms; the
orderly breakdown of tissue resulting in strength loss.
Any tree infected with a disease causing organism or insect
capable of infecting other trees if not removed or left untreated.
A tree in an advanced state of decline because it is diseased,
infested by insects or rotting and cannot be saved by reasonable treatment
or pruning, or must be removed to prevent spread of the infestation
or disease to other trees or is imminently likely to become a danger
or die.
Any tree with a significantly degraded root system, trunk,
or canopy that significantly increases the likelihood of failure of
the entire tree or parts of the tree.
At any time when the code official observes
a tree that appears to be a structurally unsound tree, a diseased
tree, a dead tree, a dying tree, has significant amount of decay present,
or a dangerous tree, the code official has the authority
to order a special inspection or study be completed by a third party
professional certified arborist, contracted by the owner, at the owner's
expense.
When ordered in accordance with Section 115.1, a special inspection or engineering report shall be produced to the code official who ordered the study within 30 calendar days.
If a tree is determined to be a dangerous tree by a code official, the property owner shall abate the hazard
and maintain the tree in a non-dangerous condition. If the hazard
cannot be abated the code official has the authority
to require the removal of the tree.
The correction order shall be in writing and include, details
of the correction to be made, the deadline to complete the corrections,
and penalties for non-compliance.
