The Commissioner of the Department of Public
Works shall have the right to plant, trim, spray, preserve and remove
trees, plants and shrubs within the lines of all streets, alleys,
avenues, lands, lanes, squares and public grounds as may be necessary
to ensure safety or preserve the symmetry and beauty of such public
grounds. Said Commissioner, under the power here given, may remove
or cause or order to be removed any tree, or part thereof, which is
in an unsafe condition, or which by reason of its nature is injurious
to sewers or other public improvement or is affected with any injurious
fungus, insect or other pest. Said Commissioner shall also have power
to enter upon any private grounds in the City and to spray or otherwise
treat or cause or order to be sprayed or otherwise treated any tree
or shrub or plant infected or infested by any parasite or insect pest
when it shall be necessary in his opinion to do so to prevent the
breeding or scattering of any parasite or animal pest, and to prevent
danger therefrom to trees and shrubs planted in the public streets
or other public places, and whenever in his opinion trimming, treatment
or removal of any such tree or shrub located on private grounds shall
be deemed wise, he shall have power to trim, treat or remove any such
tree or shrub, or cause or order the same to be trimmed, treated or
removed. The cost of the removal of a tree or trees by the Commissioner
of the Department of Public Works shall be collected in an action
at law. Notice to remove under this section shall be served personally
at least 10 days before such removal on the owner or agent of the
property, unless, in the opinion of said Commissioner, immediate removal
is necessary for public safety.
Amended 4-15-1986 by Ord. No. 87-1986
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