Chapter VIII · Health and Welfare

Article 7. Dangerous Trees or Objects

Sections 8-701 to 8-706 · 6 sections

8-701 Dangerous trees or objects.

Whenever the city clerk or city administrator finds that there exists within the corporate limits of the city any trees or other structures constituting a hazard or unsafe or otherwise detrimental or dangerous trees or objects are detrimental to the general welfare of the city or provides a general blight upon the neighborhood and surrounding properties, the city has a right to remove such trees or structures as provided herein.

(Ord. 1805, Sec. 1; Code 1996, 7-701; Code 2019)

8-702 Same; notice.

The mayor and city council hereby designates the city clerk or city administrator with the administration and enforcement of this article and the responsibility for notifying the owner or his or her agent or person in charge of the premises by certified mail or personal service informing them of such hazards or unsafe conditions detrimental to the general welfare of the city or a condition which constitutes a general blight upon the neighborhood or surrounding properties. The notice shall be made as follows:

(a)The owner or his or her agent in charge of the property is in violation of this article.

(b)The owner or his or her agent or person in charge of the property is ordered to cut or remove such dangerous, unsanitary condition, detrimental to the general welfare of the city or which provides a general blight upon the neighborhood to correct such situation within three hours to three days of the receipt of this notice to abate the condition which exists. The city administrator has the authority to determine the type of abatement depending on the emergency existing but within the limits set forth herein.

(c)If the owner or his or her agent in charge of the property does not cut or abate or correct the defect alleged in the notice to the owner or agent, then the city will abate the condition which exists and the costs for abating or removing the dangerous or unsafe condition will be assigned to the owner or his or her agent in charge of the property.

(d)If the owner or his or her agent in charge of the property will be given an opportunity to pay the assessment, and if not paid, it will then be added to the property taxes as a special assessment.

(e)The city clerk or city administrator should be contacted with any questions regarding the order.

(Ord. 1805, Sec. 2; Code 1996, 7-702; Code 2019)

8-703 Same; abatement.

If the owner or his or her agent in charge of the property cannot be located as set forth herein, then the city has a right to abate the unsafe or dangerous condition and costs will be assessed as set forth herein.

(Ord. 1805, Sec. 3; Code 1996, 7-703; Code 2019)

8-704 Same; assessment.

The city clerk or city administrator will give notice to the owner or to his or her agent in charge of the property by certified mail return receipt requested setting out the costs of the abatement. The notice shall state the payment of the costs is to be paid within 30 days following receipt of the notice and if not paid, then the costs will be certified by the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such object or objects were removed. The city clerk shall certify the assessment to the county clerk at the time of the special assessments are certified for spreading on the tax rolls of the county.

(Ord. 1805, Sec. 4; Code 1996, 7-704; Code 2019)

8-705 Same; right of entry.

A city employee or other representatives as may be directed or determined by the city clerk or city administrator are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of abating the nuisance in a manner not inconsistent with this article.

(Ord. 1805, Sec. 5; Code 1996, 7-705; Code 2019)

8-706 Same; unlawful interference.

It shall be unlawful for any person to interfere with or attempt to prevent the public officer or public officers’ representative from entering upon such property and proceeding with the removal of the condition creating a dangerous condition. Any interference shall constitute a violation of this article.

(Ord. 1805, Sec. 6; Code 1996, 7-706; Code 2019)