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Bill Re: Rezoning of 7420 Bland Page 23 of 2 <br />Julie Feier Draft 2 Page 10 10/5/2006 <br /> <br />Section 12.08.080 Duty of private property owners relating to decayed, diseased or <br />hazardous trees and shrubs; appeals. <br />a. Every owner of any Private Tree overhanging any street or right of way <br />within the City shall prune such tree so that branches shall not severely <br />obstruct the light from a street light or obstruct the view of any street <br />intersection. The minimum clearance of any overhanging portion of a tree <br />shall be nine feet, except where greater clearance is designated by the City <br />Forester. Every owner shall remove all dead, decayed, diseased or hazardous <br />Private Trees which may endanger any person or adjacent property. <br /> <br />b. When in the opinion of the City Forester that there is an actual and <br />immediate danger from any dead, decayed, diseased or hazardous Private <br />Trees upon private property, the City Forester shall have the right to: <br />i. prune any tree or shrub when it interferes with the proper spread of <br />light along the street from a street light, or interferes with visibility of <br />any traffic control device or sign or sight triangle at intersections. <br />ii. remove or cause to be removed any dead or diseased tree when <br />such tree constitutes a hazard to life and/or property, or harbors <br />insects or disease which constitutes a potential threat to other trees <br />within the City. <br /> <br />The City Forester shall notify in writing the owners of such trees. Such notice <br />shall include written instructions setting out the appeals process. Pruning or <br />removal, as the case may be, shall be done by said owners at their expense <br />within sixty (60) days after the date of service of notice. To appeal City <br />Forester action pursuant to this subsection, please see Section <br />12.08.030(B)(8). <br /> <br />In the event of failure of owners to comply with this provision, the City shall <br />have the authority to remove or prune such trees and charge the cost of said <br />removal or pruning shall be assessed to the owner as provided by law in the <br />case of special assessments. Such a special assessment shall be certified by <br />the City Forester to the Director of Finance and shall thereupon become and <br />be a lien upon the property until paid. <br /> <br />No tree or tree limb which has been cut down or which has fallen or been <br />broken down, shall be permitted to be removed to, to remain in, or upon any <br />public property, or so near thereto as to endanger any person thereon, and it <br />shall be the duty of the private property owner to cause the same to be <br />promptly removed, and it shall be 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 <br />actual and immediate danger from a decayed, diseased or hazardous tree or <br />shrub 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 City <br />Forester is authorized and empowered to take such action as may be <br />October 9 2006 <br /> <br />