A. Upon notice to the city manager that any tree within the public right-of-way or on City property is infected with disease or infested with damaging insects or otherwise presents an imminent risk of personal injury or property damage or threatens the health of other trees, the City shall inform the abutting property owner responsible for maintenance of the tree(s), if any, of the person’s obligation to take appropriate measures under the City’s tree planting and maintenance policy to limit or remove the risk, including but not limited to destruction or removal of the tree under the terms of a permit to be issued by the City upon the person’s application. The City shall take appropriate measures under the same Policy with regards to trees that it maintains as provided by this ordinance.

B. Trees that present a risk of personal injury or property damage or that threaten the health of other trees, as described in subsection A of this section, and that are not maintained, or the risk or threat is not remedied, according to the tree planting and maintenance policy are declared to be a public nuisance and may be abated in the matter provided for in Sections 5.05.200 through 5.05.230 of this code. Trees that present an unreasonable risk of such injury or damage or an immediate threat to the health of other trees may be summarily abated without prior notice to the abutting property owner.

C. No permit fee shall be charged for permits to remove trees as required by subsection A of this section.

D. The City in its discretion may, from time to time, cause the maintenance, destruction, removal or replanting of trees within the public right-of-way that are a nuisance partially or wholly at the City’s, not the abutting property owner’s, initiative and expense when it deems that the public interest so requires. [BC 5.05.103, added by Ordinance No. 3979, 4/21/97; amended by Ordinance No. 4794, 12/1/20]