Chapter 9.36
VEGETATION – PUBLIC NUISANCE
Sections:
9.36.010 Tree roots interfering with sewer.
9.36.010 Tree roots interfering with sewer.
It is unlawful for any person, firm or corporation, owning or possessing any lot, piece, tract or parcel of land within the corporate limits of the city, to suffer or permit to grow thereon any tree, plant, hedge or shrubbery of any kind whatsoever, the roots of which interfere with or obstruct the public sewer or water system of the city or either or both or any portion thereof, and whenever the roots of any tree, plant, hedge or shrubbery of any kind whatsoever growing upon any lot, piece or parcel of land within the limits of the city, interfere with or obstruct the public sewer or water systems of the city or either or both or any portion thereof, the same shall constitute a public nuisance. (Ord. 217 § 1, 1921).
9.36.020 Abatement procedure.
Whenever the roots of any tree, plant, hedge or shrubbery of any kind whatsoever, growing upon any lot, tract, piece or parcel of land within the limits of the city, interfere with or obstruct the public sewer or water systems of the city or either or both or any part thereof, the city council may by order or resolution determine and declare the same to be a nuisance, and order the street commissioner of the city to abate or remove the same, provided that before the street commissioner shall abate or remove such nuisance, he shall notify the owner, if known, of the property upon which said nuisance is situate to abate or remove the same. In case of his failure so to do within five days from the date of said notice, it is lawful for the street commissioner of the city to go upon said premises and abate or remove the same; provided, further, that in the event that the owner of the property is unknown, or that his address is unknown, then it shall be sufficient notice to post a copy of said order or resolution so declaring such nuisance, upon the property upon which the same is located, and if the nuisance is not abated or removed within five days from the date of posting the order or resolution, it shall be lawful for the street commissioner to go upon said premises and abate or remove such nuisance. (Ord. 217 § 2, 1921).