Section 2.84.030 City forester - authority.

    A.  City property. The City forester shall have the authority and jurisdiction to regulate the planning, planting, maintenance and removal of public trees and/or shrubs in the public right-of-way, other City property to insure public safety, alleviate interference with providing of essential services, and preserve the aesthetics of such public sites. When it is proposed that a public tree removal is necessary, then written notice to abutting tenants and/or property owners shall be given (15) fifteen days before the work is initiated. The requirement for written notice is not necessary in the case of emergency.
    B.  Private property. The City forester shall have the authority to direct City personnel, under the City forester's supervision, to prune or remove  trees or shrubs on private property which interfere with street and sidewalk clearance or visibility; to remove trees or shrubs on private property which are causing damage to curb, gutter, sidewalk or other City property; or which condition, in the City forester's opinion, constitutes a hazard to the general public. Consultation with, and (15) fifteen days written notice to the tenant and property owner, shall be given prior to any pruning or removal of trees located on private property, except in the case of emergency. Certified mailing of notice to the property owner may be sent at the City's expense if the property owner does not reside on the affected property.
    C.  Affected or infested trees on private or abutting public property. Whenever the City forester determines that trees or shrubs located upon private property or upon abutting public property are infected or infested with any tree or plant disease or insect pest, the uncontrolled presence of which may constitute a hazard to or result in the damage or destruction of other trees or shrubs in the community, the City forester may forthwith issue a notice requiring the owner or adjacent owner to treat or remove any such designated tree or shrub within a time specified in such notice. The notice may be served by certified mailing a copy thereof to the owner or occupant of the property and by certified mailing a copy of the notice to the owner if the owner is not a resident at the subject property. If there is no compliance with the requirements of the notice within the time specified therein of not less than (15) fifteen days, then the City forester shall proceed to have the designated tree or shrub treated or removed and the cost of such treatment or removal shall be paid by the owner of the property. If the charges are not paid within (30) thirty days, then the City attorney may commence a proceeding to collect the charges in any court of competent jurisdiction, or in the alternative, the director of finance may at the time of certifying other City taxes to the county clerk, certify the unpaid costs and the county clerk shall extend the same on the tax roll of the county against such lot or parcel of ground.
    D.  Development plantings. The City forester shall have the authority, and it is his duty to inspect and approve tree planting, landscaping and planting plans on public property.


(Ord. 2006-03, Add, 08/02/2006)