Title 7 - Health and Sanitation

7.16 Trees and Shrubs

7.16.190 Trees and Shrubs on Private Property.

  1. A.
    Authority. The Community Services Division shall have the authority to regulate and enforce all regulations concerning the Maintenance and removal of Trees and Shrubs on private property. The City Forester shall assist the Community Services Division as necessary.
  2. B.
    Maintenance or Removal. Whenever the Community Services Division or the City Forester determines that any Tree or Shrub on private property endangers, hinders or obstructs the use of public or private property, is a Nuisance, or in any other way endangers the public health, safety and welfare, the Community Services Division shall issue a notice of violation to order the Maintenance or removal of the Tree or Shrub by the Owner. (See Sections 7.16.205 and 7.16.208.)
  3. C.
    Emergency Action. In the event the Community Services Division or the City Forester determines that the existing condition of any Tree or Shrub on private property constitutes an immediate hazard to the public health, safety and welfare or otherwise endangers persons or property, then the City shall proceed, without delay, to take steps to abate the situation and without prior notice to or hearing of the Owner, occupant or agent. The cost of such action shall be assessed as set forth in O.P.M.C. Chapter 7.28 as amended, or pursuant to K.S.A. 12-1,115, as amended, or both.
  4. D.
    Right to Inspect. The Community Services Division and the City Forester are hereby authorized to enter on private property for the purpose of inspecting Trees or Shrubs where there appears to be a Nuisance or a threat to public or private property or to the public, health, safety and welfare. This entry and inspection may be done without the prior permission of the Owner, occupant or agent if the threat is imminent and if such notification is not feasible under the circumstances. If any person prevents such entry and inspection, the City may seek an appropriate court order to make such entry and inspection possible.

(History: Ord. TP-3025 §7, 2014; TP-2032 §7, 97; TP-1289 §11, 85)

Effective on: 1/1/1901