§ 38-241. Authority of the city regarding trimming or removal of trees and shrubs.

(a)

The city shall have the power to remove, trim, prune, cut, spray, irrigate, cultivate or plant and protect all trees, shrubs, vines, flowers and plants or hedges within the city on public property.

(b)

The city shall have the power to require the owners of any private property within the city to remove, trim, prune, or cut, at the expense of the owner, any tree, hedge, shrub, plant, vine or flowerbed located on his property or between his property line and any adjacent street that:

(1)

Projects into the right-of-way;

(2)

Is a diseased or infested tree;

(3)

Poses an unreasonable risk of injury or damage to persons or property on adjacent private property, public property, or right-of-way; or

(4)

Obstructs the view of vehicular traffic or pedestrians traveling on the right-of-way

(c)

The city may serve a written notice on the property owner requiring him to remove, trim, prune or cut the trees, hedges, shrubs, vines, flowers, plants, or flowerbeds located on his property, or between his property line and any adjacent street, that meet one or more of the criteria in subsections (b)(1)—(4) of this section. The notice shall be served by handing the same to the owner, posting the notice in a conspicuous place on the subject property, or by sending the notice to the owner at the subject property or his residence by certified mail return receipt requested. It shall be unlawful for any owner to fail to comply with the requirements stated in the notice within ten days of service upon him.

(d)

Upon violation of this section, the city manager or his designee may:

(1)

Enter the property and remove, trim, prune, or cut the trees, shrubs, vines, flowers, plants, hedges or flowerbeds described in the notice and file a lien pursuant to the provisions of chapter 59 entitled "municipal liens;" and

(2)

Serve the owner with a summons and complaint charging a violation of this section.

(Code 1960, § 23-6; Code 1981, § 32-1; Ord. No. 2061, § 5, 5-21-1984; Ord. No. 3912, § 1, 10-4-2004; Ord. No. 4042, § 3, 12-11-2006 )