§ 13.5-26. Public nuisances.

(a)

The following items are hereby declared public nuisances under this article:

(1)

Any dead or dying tree, shrub, or other plant, located on city owned property.

(2)

Any tree, shrub, other plant or portion thereof, located on city owned property, which by reason of location or condition constitutes a danger to the health, safety, or welfare of the general public.

(3)

Any tree, shrub or other plant or portion thereof, whether located on city owned property or on private property which may be determined to unreasonably obstruct the free passage of public pedestrian or public vehicular traffic or proper view of street signs.

(b)

The officers, agents, servants and employees of the city have the authority to enter onto private property wherein there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.

(c)

The following are the prescribed means of abating public nuisances under this article:

(1)

Any public nuisance under this article which is located on city owned property shall be pruned, removed, or otherwise treated by the city in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.

(2)

The city is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the city to constitute an imminent danger to the health, safety, or welfare of the general public.

(3)

The city may abate the public nuisance on private property in the event, after proper notice, the private property owner does not abate the public nuisance in a timely fashion.

(Ord. No. 11249, § 8, 6-3-96)