The director may inspect any tree or other plant on private property in the city, in accordance with law, to determine whether the same or any portion thereof is in such a condition as to constitute a public nuisance and to consider abating or correcting any condition or thing declared to be a public nuisance under this chapter. When a public nuisance is declared relating to any city tree or private/protected tree, the director shall determine the appropriate course of action, including, but not limited to, tree or root pruning, site modification, or tree removal.
(Ord. 2099 § 1, 2002; Ord. 2671, 12/3/2024)
The following are declared public nuisances:
(a) 
Any tree or other plant or part thereof growing upon private property but overhanging the street or interfering with the use of any street, which in the opinion of the director endangers the life, health, safety or property of the public.
(b) 
The continued existence of any tree or other plant on private property within the city that is dead, infected with disease or infested with pests which constitute a threat to or may be injurious to trees or other plants in the surrounding area.
(c) 
Any tree or other plant more than thirty-six inches in height measured from the curb gutter and planted in a triangular area measured twenty-five feet along the curb in either direction from the sidewalk curb intersection.
(d) 
Any plant that interferes with, impairs or destroys any street improvement (including traffic signs or lights), sidewalk, curb, gutter, sewer, street trees or any public improvement.
(e) 
Vines, ivy, or climbing plants growing on, into, or over any street tree or any public hydrant, pole, or electrolier (i.e., street lights, greenbelt lights, etc).
(f) 
Any plant that impedes sidewalks and bike paths, or by being lower than eight feet over pedestrian and bike paths, or any plant which is lower than fourteen feet over a traffic lane.
(g) 
Non-permeable paving added within the tree protection zone of a tree covered under this chapter after the tree was planted for the city.
(h) 
Street trees with invasive root systems or surface roots resulting in damage to private paving. In this situation, city is responsible for street tree related work when private paving (excluding city rights-of-way but including, for example, private driveways and walkways) are disrupted, but the city is not responsible for private paving removal or replacement work. Repairs to private paving shall be the responsibility of the property owner. The city offers property owners the opportunity to decide where a street tree(s) will be planted and cannot control the soil conditions, watering practices, and other cultural impacts that determine where roots will grow. The city arborist or designee shall work with the property owner to remove or modify the root(s) that cause the paving removal or replacement work to occur, so long as such removal or other modification complies with Section 37.02.040.
(Ord. 2099 § 1, 2002)
(a) 
Any person who violates any of the provisions of this chapter or any of the conditions of any permit issued hereunder is guilty of a misdemeanor.
(b) 
In addition to criminal penalties and civil nuisance enforcement authorized by this Code, any person who violates any provision of this chapter may be liable for a civil penalty for each day or part thereof that said violation occurs pursuant to the process provided by Chapter 23 of this Code. Further, if such violation results in unauthorized removal, destruction or disfigurement of trees, the responsible person may be liable for a civil penalty equal to the value of the removed, destroyed or disfigured tree as set forth in the current edition of The Guide for Plant Appraisal as published by the International Society of Arboriculture (ISA) or other approved method. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties and associated costs of the city. Penalties can be met through a combination of replacement trees and/or in-lieu payments into the tree preservation fund, as approved by the director.
(c) 
Whenever any construction or work is being performed contrary to the provisions of this chapter, the director and/or the community development department personnel may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or danger, and no work shall be allowed until the violation or danger has been rectified and approved by the community development director or designee and the director.
(Ord. 2099 § 1, 2002; Ord. 2390 § 2, 2012; Ord. 2671, 12/3/2024)