12.20.050 Nuisances.
A. Public Nuisances. The following are hereby declared public nuisances under this chapter:
1. Any tree or part thereof (public or private) which, by reason of location or condition, constitutes a hazard to public safety as determined by the city forester or authorized city representative;
2. Any tree or part thereof (on public or private property) which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public street lighting;
3. Any tree or alternate host plant or part thereof (on public or private property) which harbors pests which reasonably may be expected to injure or harm public trees.
B. Abatement of Public Nuisances. The following are the prescribed means of abating public nuisances under this chapter:
1. Any tree or alternate host plant or part thereof (public or private) declared to be a public nuisance by the city shall be pruned, removed or otherwise treated as directed by the city. All costs for nuisance abatement are the responsibility of the property owner or adjacent property owner;
2. The city may cause a written notice to be personally served or sent by mail to the owner of the particular property;
3. In the event the nuisance is not abated by the date specified in the notice, the city is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement may be charged to the subject property owner. Monies which have not been recovered through the city bill-collection procedures may result in a lien against the property or assessed on taxes. In addition, the owner of the property upon which the nuisance is located may be subject to prosecution by the city. Nothing in this provision shall be construed to exempt any person from the requirement of obtaining permits;
4. The city is empowered to cause the immediate abatement of any nuisance if it is determined by the city to be an emergency or immediate hazard to public safety;
5. If the city forester determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such disposal shall be done as required by the city. All costs associated with the disposal of material from private trees shall be the responsibility of the property owner.
C. Appeals of Nuisances. Any appeals of a nuisance determination by the city shall be processed by the city’s hearings examiner pursuant to the provisions of Chapter 2.30 LMC and Section 1D, “Appeals,” of the Development Guidelines and Public Works Standards. Any appeals shall be filed within fourteen days of the nuisance determination. Nuisance determinations in cases of immediate abatement related to an emergency or immediate hazard to public safety are not appealable. (Ord. 1455 §1 (part), 2015).