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any traffic control device or sign or sight triangle at intersections. <br />b. remove or cause to be removed any dead or diseased tree when such <br />tree constitutes a hazard to life and/or property, or harbors insects or <br />disease which constitutes a potential threat to other trees within the <br />City. <br /> <br />The City Forester shall notify in writing the owners of such trees. Pruning or <br />removal, as the case may be, shall be done by said owners at their expense <br />within 60 days after the date of service of notice. In the event of failure of <br />owners to comply with this provision, the City shall have the authority to remove <br />or prune such trees and charge the cost of said removal or pruning shall be <br />assessed to the owner as provided by law in the case of special assessments. <br />Such a special assessment shall be certified by the City Forester to the Director <br />of Finance and shall thereupon become and be a lien upon the property until <br />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 <br />property, or so near thereto as to endanger any person thereon, and it shall be <br />the duty of the private property owner to cause the same to be promptly <br />removed, and it shall be unlawful for any such owner to fail so to do. <br /> <br /> <br />c. Emergencies: When in the opinion of the City Forester there is an <br />actual and immediate danger from a decayed, diseased or hazardous <br />tree or shrub which would endanger any person or property, or when <br />any tree or part thereof has fallen and any person or property is <br />endangered thereby, the City Forester is authorized and empowered <br />to take such action as may be necessary to render the tree, shrub, or <br />part thereof temporarily safe whether or not the notice procedure in <br />this section has been instituted. The cost incurred in the performance <br />of any such emergency procedures shall be assessed to the property <br />owner as provided by law in the case of special assessments. Such a <br />special assessment shall be certified by the City Forester to the <br />Director of Finance and shall thereupon become and be a lien upon <br />the property until paid. <br /> <br />d. Appeal to special assessment: Any special assessment may be <br />appealed to and heard by the urban Forestry Commission. To be <br />effective, an appeal must be filed within thirty (30) days after the <br />property owner is notified of the special assessment. The Appeal <br />shall be in writing and shall be filed with the Director of Parks, <br />Recreation and Forestry for placement on the Commission’s agenda. <br /> The appeal shall clearly specify the reasons for which a hearing is <br />requested. After a hearing the Commission shall render its decision <br />which shall be final. <br /> <br />Section 12.08.090 Abuse or mutilation. <br /> <br />No unauthorized person on any City property or right-of-way shall: <br />? Damage, cut, carve, transplant or remove any tree, shrub or plant or injure <br />the bark or roots. <br /> <br />H:\AGENDAS COMBINED\2006\AUGUST\AUGUST 28 2006.DOC <br /> <br />