Whenever any competent city authority, or competent state or federal authority when requested by the governing body, shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect pest or larvae, 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, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or remove any such designated tree, tree material or shrub within a time specified in such notice; the notice shall be served by the chief of police or other police officer, by delivering a copy thereof to the owner or agent of such property or if the same be unoccupied and the owner a nonresident, then the city clerk shall notify the owner by mailing a notice to his last known address. If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the city superintendent or other designated officer shall proceed to have the designated tree, tree material or shrub treated, or removed and report the cost thereof to the city clerk, and the cost of such treatment or removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree, tree material or shrub was located. The city clerk shall 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 the lot or parcel of ground.
(Ord. 421; Code 2018)
All dead trees, erect or fallen, and the branches thereof and all Elm trees affected by the Dutch Elm Tree disease which have substantial portions thereof dead or dying on any private property or in the parking areas abutting private property, but which are a part of the platted street, are hereby declared to be a nuisance affecting the health, welfare and safety of the in habitants of the city. The maintenance of the above described tree and its condition is hereby forbidden.
(Ord. 421; Code 2018)
The owner or owners of any property upon which a nuisance exists so defined in 8-802 shall abate the same within thirty (30) days after written notice to abate such nuisance has been given. The city clerk shall send a notice by certified mail to the owner or owners of record of the property or abutting property owner at the address or addresses shown on the tax rolls of McPherson County, Kansas, stating that a nuisance exists and describing the same.
(Ord. 421; Code 2018)
The City and any person, firm or corporation having a franchise with the city shall have the right to plant, prune, maintain and remove trees plants and shrubs within the lines of all streets, alleys, easements and public grounds, in a manner designated by the city clerk as may be necessary to insure continuity of service or safety of crews when servicing city utilities or to preserve the symmetry and beauty of such public grounds, or for any other reason which makes the trees, plant, or shrub undesirable. The City or its employees may remove or cause or order to be removed any tree or tree part thereof which is injurious sewer, electric power lines, gas lines, water lines or other public improvements, or injured with any injurious fungus, virus, insect or other pest. The city clerk will notify in writing the owners at their expense within thirty (30) days after the date of service of notice. In the event of failure of the abutting owners to comply with such provisions, the city or other designated officer shall have the authority to remove such trees and report the cost of such treatment, pruning or removal shall be paid by the owner of the abutting property or shall be assessed and charged against the abutting property or the lot or parcel of ground on which the tree was located. The city clerk shall 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 rolls of the county against the lot or parcel of ground. Nothing contained in this section shall relieve the owner of abutting property of the responsibility to prune, maintain, and remove trees lying within the right-of-way of any street.
(Ord. 421; Code 2018)
Every owner of any tree or woody plant overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of fifteen (15’) above the crown of the street or alley and nine feet (9’) above the surface of sidewalk or ground. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune or remove or cause to be removed any tree or shrub on private property or public property when it interferes with the ability of any traffic control device or sign, pedestrian or street traffic. The city clerk will notify in writing the owner of such trees. Pruning, maintaining or removal shall be done for the owners at their own expense within thirty (30) days after the date of the service of notice. In the event of failure of abutting owners to comply with such provisions, the city shall have the authority to remove such trees and report the cost of such pruning, maintaining or removal to the city clerk. The costs of such pruning, maintaining or removal shall be assessed and charged against the abutting property on which the tree is located. The city clerk shall 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 rolls of the county against the abutting property.
(Ord. 421; Code 2018)
Provisions relating to removal of tree materials shall be as follows:
(a) No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or the city, shall be permitted to remain on the premises, but shall be immediately removed and burned, so as to prevent the spread of tree diseases.
(b) All of the provisions of this article for removal of the infected or infested tree shall also apply and extend to any and all dead trees located upon private property and upon streets, alleys and avenues, which are a hazard and which may or may not be infested or infected, and the owners and the abutting property owners shall be required to remove the dead trees, and for the default thereof, the city shall then proceed to remove the dead trees and tax the costs thereof against the owner of the abutting property as provided in 8-801 hereof.
(Ord. 421; Code 2018)