§ 12.32.030. Dangerous trees a nuisance—Summary power to remove same.
Latest version.
Any tree or shrub growing partially in any public street or sidewalk, or on a private
estate and overhanging or projecting into any such street, and which is endangering,
or which may in any way endanger, the security or usefulness of any public street,
sewer or sidewalk, or any tree or shrub growing wholly on a private estate but which
because of its physical condition, height, angle of lean, or other factor, which is
endangering, or may in any way endanger, the security or usefulness of any public
street, sewer or sidewalk, is declared to be a public nuisance. The City Manager of
the city or his or her delegated representative may remove such tree or shrub, or
such parts thereof as are liable to fall or are dangerous or an obstruction; provided,
that except in case of manifest public danger and immediate necessity, no such tree
or shrub located upon a private estate shall be wholly cut down or removed unless
ten days' notice in writing shall be given personally or by certified mail by the
City Manager or his or her delegated representative to an owner as set forth in the
last equalized assessment rolls used by the city, and occupant, or agent of the private
estate most immediately affected by such cutting or removal; and if any owner, occupant
or agent of such estate shall, within seven days after the giving of such notice,
file with the Parks and Recreation Commission of the city his or her objections in
writing to such removal, such tree or shrub shall not be cut down or removed unless
said Commission shall give such owner or other proper person who has made said objection
a reasonable opportunity to be heard in support of such objection, and shall thereafter
notify the City Manager, in writing, of its decision in the matter. If the Commission
overrules the objections and approves the cutting down or removal of such tree or
shrub or portion thereof, the City Manager or his or her delegated representative
shall forthwith have such tree or shrub or portion thereof cut down or removed.
(Prior code § 6-3.03)
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