§ 2.104.050. Removal of hazard trees.

The urban forester shall oversee the removal of hazard trees. If the tree is on public property, the urban forester shall make the risk determination and, if appropriate, will cause the tree or hazardous portion thereof to be removed. Furthermore, the urban forester may delegate responsibility for risk determinations to employees of the metropolitan board of parks and recreation and employees of the department of public works who engage in ongoing tree removal activities; provided, however, that the urban forester shall provide education to such employees, to be sure that risk determinations are made in a consistent and appropriate manner. Furthermore, emergency removal of any public tree or portion thereof that poses an immediate hazard may be undertaken by a department or agency of the metropolitan government or a public utility or communications facility without prior approval of the urban forester.

If the urban forester is informed of a private tree that falls within the definition of hazard tree, he or she shall serve notice of the risk and the need for removal, and allow thirty days for removal of the tree at the expense of the property owner.

If the owner fails to remove the tree or hazardous portion thereof, the urban forester shall authorize removal by the metropolitan government, and shall be authorized to bill the property owner for the expense of such removal.

Notwithstanding the above, emergency removal of any private tree or portion thereof that poses an immediate hazard to the public may be authorized by the urban forester.

Appropriate tree care and removal of hazard trees or portions thereof on private property is the responsibility of the property owner, and nothing in this chapter shall be construed as creating an affirmative duty on the metropolitan government to remove or cause the removal of hazard trees on private property.

(Ord. 93-882 § 6, 1994)