ARTICLE 3. TREES AND SHRUBS
13-301. PUBLIC TREE CARE.
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city 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, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.
(Code 2008)
13-302. DISEASED TREES; DETERMINATION.
Whenever any competent city authority or competent state or federal authority 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 or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction or 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 to remove any such designated tree, tree material or shrub within a time specified in the notice.
(Code 2008)
13-303. SAME; NOTICE SERVED.
Notice shall be served by a police officer or code enforcement officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.
(Code 2014)
13-304. SAME; FAILURE OF OWNER; DUTY OF CITY.
If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police or code enforcement officer shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.
(Code 2014)
13-305. SAME; PREVENT SPREAD OF DISEASE.
No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.
(Code 2008)
13-306. DANGEROUS, DEAD OR DISEASED TREES ON PRIVATE PROPERTY.
(a) Every owner of any tree 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 14 feet above the surface of the street or right-of-way. 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 any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
(b) The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.
(Code 2008)
13-307. TREES ON PUBLIC PROPERTY; COST BORNE BY CITY.
The city shall have the authority to treat or to remove any tree as defined in section 13-301 of this article, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.
(Code 2008)
13-308. COSTS ON TAX ROLLS.
The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-304:306 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city. (Code 2008)
13-309. INJURING TREES AND SHRUBS.
No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city. (Code 2008)
13-310. FIRE HYDRANTS, PLANTINGS ADJACENT TO.
No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction. (Code 2008)
13-311. DUTY TO TRIM.
It shall be the duty of the owner, or agent, of real estate in the City abutting upon public way to keep all trees and shrubs, located on all streets and alleys, or located adjacent to streets and alleys, properly trimmed in a manner that they will not interfere with the public travel on a public way, or constitute a traffic hazard. The following conditions are hereby deemed to be a public nuisance and interfere with the use of streets or alleys and sidewalks:
(1) Tree or shrub limbs or branches which overhang in the paved or driving portion of a street, alley or roadway at a height of less than 13 feet;
(2) Tree limbs or branches, which overhang a public sidewalk at a height of less than eight (8) feet;
(3) Tree limbs or branches, which interfere with the visibility of any traffic control device or sign;
(4) Tree limbs or branches, which obstruct the light from any street lamp.
(Ord. 2009-09; Code 2014)
13-312. AUTHORITY TO ABATE.
It shall be the duty of the owner, or agent of real estate in the city abutting upon a public street or alley to keep all trees, tree limbs and branches properly trimmed in a manner that they will not constitute a public nuisance and will not violate the standards set forth in 13-311. If the Superintendent of Streets finds that there are violations of 13-311, the Superintendent of Streets shall have the right to abate said public nuisances. In the event the Superintendent of Streets determines that a violation exists, and said violation does not constitute an emergency condition, the Superintendent of Streets shall cause a Notice of Abatement to be served upon the owner, or agent of the real estate on which the offending tree or shrub is located, or to which the street or alley abuts. After receiving notice of such violation the property owner, or agent, shall have not less than 20 days to comply with the requirements set forth herein. The notice by personal service shall be sent by regular mail, certified or restricted mail with return receipt requested, or by publication notice. If the owner, or agent, fails to abate the nuisance within the time prescribed by the notice given said owner, or agent, then the Superintendent of Streets may cause said nuisance to be abated and have the costs therefore, including reasonable administrative costs, assessed to the abutting property owner, or property owner, as a special assessment provided by K.S.A. 12-3201.
(Ord. 2009-09; Code 2014)
13-313. EMERGENCY ABATEMENT.
If, in the opinion of the Superintendent of Streets, an emergency abatement is required to protect the public health, safety, and welfare, he may issue an order directing the owner, or agent of the real estate to take appropriate action to immediately abate the nuisance causing the emergency. If the owner, or agent, does not take immediate action to abate the emergency, or is not immediately available, the Superintendent of Streets shall act to abate the emergency. If any costs are incurred from the abatement, said costs are to be assessed and collected from the owner of said real estate, or abutting real estate, directly from said owner or by assessment on the tax rolls as provided by K.S.A. 12-3201. (Ord. 2009-09; Code 2014)