The city shall have
the right to plant, prune, maintain and remove trees, plants and shrubs within
the lines of all streets, alleys, avenues, lanes, squares and public grounds,
as may be necessary to ensure safety when servicing city utilities or to
preserve the symmetry and beauty of public grounds. The city may remove or
cause or order to be removed, any tree or part thereof which is in an unsafe
condition or which by reason of its nature is injurious to sewers, electric
power lines, gas lines, water lines or other public improvements, or is
affected with any injurious fungus, insect or other pest.
(Code 1990; Code 2025)
Whenever any competent
city authority or competent state or federal authority shall file with the
governing body a statement in writing based upon a laboratory test or other
supporting evidence that trees or tree materials or shrubs located upon private
property within the city are infected or infested with or harbor any tree or
plant disease or insect or larvae, the uncontrolled presence of which may
constitute a hazard to or result in the damage or extinction or other trees or
shrubs in the community, describing the same and where located, the governing
body shall direct the city clerk to forthwith issue notice requiring the owner
or agent of the owner of the premises to treat or to remove any such designated
tree, tree material or shrub within a time specified in the notice.
(Code 1990; Code 2025)
Notice shall be served
by a police officer by delivering a copy thereof to the owner, and the person
in possession of such property, or if the same be unoccupied or the owner a
nonresident of the city, then the city clerk shall notify the owner by mailing
a notice by certified mail to his last known address.
(Code 1990; Code 2025)
If the owner or agent
shall fail to comply with the requirements of the notice within the time
specified in the notice, then the city superintendent shall proceed to have the
designated tree, tree material or shrub treated or removed and report the cost
thereof to the city clerk. In lieu of city employees performing any such work,
the governing body may contract with any competent person, company or
corporation for the performance of such work.
(Code 1990; Code 2025)
No tree, tree
materials or shrubs as mentioned herein which have been cut down, either by the
property owner or by the city shall be permitted to remain on the premises, but
shall immediately be removed and burned or immediately burned upon the
premises, if safe to do so, so as to prevent the spread of the tree disease.
(Code 1990; Code 2025)
(a) Every owner of any tree overhanging any
street or right-of-way within the city shall prune the branches so that such
branches shall not obstruct the light from any street lamp or obstruct the view
of any street intersection and so that there shall be a clear space of 8 feet
above the surface of the street or right-of-way. The owners shall remove all
dead, diseased or dangerous trees, or broken or decayed limbs which constitute
a menace to the safety of the public. The city shall have the right to prune
any tree or shrub on private property when it interferes with the proper spread
of light along the Street from a street light, or interferes with visibility of
any traffic control device or sign.
(b) The city shall have the right to cause the
removal of any dead or diseased trees on private property within the city, when
such trees constitute a hazard to life and property. The city will notify in
writing the owners of such trees. Removal shall be done by said owners at their
own expense within 60 days after the date of service of notice. In the event of
failure of owners to comply with such provisions, the city shall have the
authority to remove the trees and charge the cost of removal on the owner’s property
tax notice.
(Code 1990; Code 2025)
The city shall have
the authority to treat or to remove any tree as defined in section 13-301 of
this article, or to remove any dead tree as mentioned herein, which is located
within the limits of any public right-of-way within the city. The adjacent property
owners shall not be responsible for the cost of treatment or removal of any
such trees within the public right-of-way and this expense shall be borne by
the city at large.
(Code 1990; Code 2025)
The city clerk shall,
at the time of certifying other city taxes to the county clerk, certify the
unpaid costs for treatment or removal performed under the authority of sections
13-304 or 13-306 and the county clerk shall extend the same on the tax roll of
the county against the lot or parcel of ground. The cost of such work shall be
paid from the general fund or other proper fund of the city, and such fund
shall be reimbursed when payments therefor are received or when such
assessments are collected and received by the city.
(Code 1990; Code 2025)
No person shall
willfully break, cut, take away, destroy, injure, mutilate, or attempt to
willfully break, cut, take away, destroy, injure or mutilate any tree, shrub,
vine, flower or landscaping standing, growing, or being upon the premises in
the possession of another, or growing on any public ground, street, sidewalk,
promenade or park in the city.
(Code 1990; Code 2025)
No person shall plant
or cause to be planted nor allow to grow upon property owned by him or her any
shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in
the city, in order that every fire hydrant shall be in full view day or night,
to fire apparatus approaching from any direction.
(Code 1990; Code 2025)