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<br />June 28, 2006 Plan Commission Minutes <br /> <br />Page 11 of 13 <br /> <br />a. prune any tree or shrub when it interfaces with the proper spread of light <br />along the street from a street light, or interferes with visibility of any traffic <br />control device or sign or sight triangle at intersections. <br />b. remove or cause to be removed any dead or diseased tree when such tree <br />constitutes a hazard to life and/or property, or harbors insects or disease <br />which constitutes a potential threat to other trees within the City. <br /> <br />The City Forester shall notify in writing the owners of such trees. Pruning or removal, <br />as the case may be, shall be done by said owners at their expense within 60 days after <br />the date of service of notice. In the event of failure of owners to comply with this <br />provision, the City shall have the authority to remove or prune such trees and charge <br />the cost of said removal or pruning shall be assessed to the owner as provided by law in <br />the case of special assessments. Such a special assessment shall be certified by the City <br />Forester to the Director of Finance and shall thereupon become and be a lien upon the <br />property until paid. For appeals procedure, please see Section 12.08.030(B)(8). <br /> <br />No tree or tree limb which has been cut down or which has fallen or been broken <br />down, shall be permitted to be removed to, to remain in, or upon any public property, <br />or so near thereto as to endanger any person thereon, and it shall be the duty of the <br />private property owner to cause the same to be promptly removed, and it shall be <br />unlawful for any such owner to fail so to do. <br /> <br />c. Emergencies: When in the opinion of the City Forester there is an actual <br />and immediate danger from a decayed, diseased or hazardous tree or shrub <br />which would endanger any person or property, or when any tree or part <br />thereof has fallen and any person or property is endangered thereby, the <br />City Forester is authorized and empowered to take such action as may be <br />necessary to render the tree, shrub, or part thereof temporarily safe <br />whether or not the notice procedure in this section has been instituted. The <br />cost incurred in the performance of any such emergency procedures shall <br />be assessed to the property owner as provided by law in the case of special <br />assessments. Such a special assessment shall be certified by the City <br />Forester to the Director of Finance and shall thereupon become and be a <br />lien upon the property until paid. <br /> <br />d. Appeal to special assessment: Any special assessment may be appealed to <br />and heard by the urban Forestry Commission. To be effective, an appeal <br />must be filed within thirty (30) days after the property owner is notified of <br />the special assessment. The Appeal shall be in writing and shall be filed <br />with the Director of Parks, Recreation and Forestry for placement on the <br />Commission's agenda. The appeal shall clearly specify the reasons for <br />which a hearing is requested. After a hearing the Commission shall render <br /> <br />Q:\ WPOFFICE\ WPDA TA \m-06-28-2006. pIc. final. wpd <br />