§ 24-4. Inspection and removal of dead or dangerous trees.

(a)

The city manager may enter upon any premises without a warrant to inspect all trees and shrubs impacting city property.

(b)

If the city manager finds that there exists on any private property in the city dead trees or overhanging limbs that pose a danger to city property or persons or on or occupying city property, the manager shall notify the owner, lessee, agent, occupant, or other person in possession or control of the property upon which the condition exists of the duty to remedy the condition within fifteen (15) days from the date of the notice or such shorter time as the manager finds appropriate in view of the nature and extent of the condition.

(c)

If the city manager determines that any tree or shrub growing on private property within the city is afflicted with any dangerous or infectious insect infestation or disease, the manager shall notify the owner, lessee, agent, occupant, or other person in possession and control of the property of the condition and order such person to take specific prescribed measures that the manager determines are reasonably necessary to cure the infestation or disease and to prevent its spread within fifteen (15) days from the date of the notice or such shorter time as the manager finds appropriate in view of the nature and extent of the condition.

(d)

If the person notified pursuant to subsections (b) or (c) of this section fails to correct the condition as required by the notice prescribed in such subsection, the city manager may correct the condition and charge the costs of such correction, plus an additional amount of fifty dollars ($50.00) for administrative costs, to the owner and to the lessee, agent, occupant, or other person in possession and control of the property. If any property owner fails or refuses to pay when due any charge imposed under this section, the city manager may certify due and unpaid charges, including interest, to the county treasurer for collection in the same manner as other taxes are certified for collection.

(e)

Notice under this section is sufficient if it is deposited in the mail, first class postage prepaid, addressed to owner of the property at the address shown on the records of the county assessor or to the last known address of the lessee, agent, occupant, or other person in possession or control of the property.

(f)

Nothing in this section shall be deemed to prohibit the city manager from taking such steps to correct an immediate threat to the public health, safety or welfare that the manager determines is posed by such diseased, dead or dangerous plants.

(g)

The city manager may prune, spray, destroy or remove any diseased or infested tree or shrub on private property upon the request of the property owner if the owner agrees in writing to pay for the costs of such service.

(Ord. No. 2628, 12-5-17)