§ 4.7.1. Nuisances.

A.

Public Nuisances.

1.

Authority of City Arborist. The City Arborist has the authority to declare as a nuisance any tree or shrub or parts thereof growing on public or private property, and interfering or endangering the use of the public streets or sidewalks or obscuring sight distances and creating a traffic hazard on intersections or endangering the life, health, safety or property of the public.

2.

Notification of Nuisance. The City Arborist shall notify in writing the owner or interested parties of such tree or shrub of the existence of the nuisance and give a 15-day period of time for contracting for correction or removal of the nuisance or for requesting a hearing.

B.

Failure to Remove.

1.

Hearing. If the owner or interested parties have not corrected or removed the nuisance or contracted for correction or removal of the nuisance within the 15 day period, the City Manager or designee shall hold a hearing not less than 15 days nor more than 30 days following the notice of the City Arborist. The hearing shall be schedule at a date and time certain, within the City.

2.

Rights of Owner or Parties in Interest. The owner or parties in interest shall be given the right to file an answer to the notice, to appear in person, or be represented by an attorney and give testimony at the public hearing, as to why compliance with the notice from the City Arborist has not been achieved.

3.

Rules of Evidence. Rules of evidence prevailing in courts of law or equity shall not control in hearings before the City Manager or designee.

C.

Determination of Nuisance. The City Manager or designee shall determine at the hearing, on the basis of the evidence presented, whether or not the tree or shrub is a nuisance to the public and the owner's responsibility therefore.

1.

Issuance of Order. If the City Manager or designee determines that the tree or shrub is a nuisance, an order shall be issued, which shall be served upon the owner or parties in interest, requiring them to remove or correct the nuisance within 15 days.

2.

Failure to Correct or Remove. If not corrected or removed within such period, the City Arborist shall cause the nuisance to be corrected or removed and the cost shall be assessed to the owner or interested parties.

D.

Liens.

1.

Lien Against Real Property. The cost of the correction or removal shall be a lien against the real property upon which the tree or shrub is or was situated. The lien shall be prepared and entered by the Finance Department and recorded in the office of the Clerk of the Muscogee County Superior Court in the same manner which liens for costs for removal of weeds and other vegetation are filed.

2.

Payment of Lien. The owner or parties in interest shall pay the full amount due on a lien to the Director of Finance of the City within 30 days of perfection of the lien. If the lien is not paid in full within 30 days of the perfection of such lien, the owner or parties in interest shall pay:

(A)

Twenty-five percent of the total lien amount plus seven percent interest within 60 days of the perfection of the lien; and

(B)

The remaining balance due on such lien to be paid in three equal annual installments with interest at the rate of seven percent per annum, each of which shall become due and payable on the anniversary date of the initial payment made as prescribed herein.

3.

Sale or Conveyance of Real Property subject to a Lien. Should the property upon which a lien is perfected be sold, transferred or conveyed by the owner or parties in interest at any time, then the entire balance due on the lien shall be due and payable to the Director of Finance of the City.

4.

Failure to Pay. Should the amount due on a lien, or any portion thereof, be unpaid after the time for payment of the final annual installment provided in this Section, the amount shall continue as a lien together with interest at the rate of seven percent per annum until paid in full.

E.

Disease and Insect Infestation.

1.

Authority of City Council. Council shall have the authority to insist that all property owners treat or allow the City to treat trees or shrubs suffering from transmittable diseases or insect infestations which are on private property but are affecting the health of public trees on public property.

2.

Determination by City Arborist. If the City Arborist determines that disease or insect infestation warrants drastic action to curb its spread to healthy public trees, then the disease or infestation shall constitute a nuisance and the procedural requirements of Section 4.6.5 regarding a nuisance shall apply.

F.

Emergencies. In case of emergencies, such as windstorms, or other disasters, or other imminent danger to the health, safety or property of the public, including but not limited to automotive and pedestrian traffic due to obstruction of public sidewalks, streets or sight distances, the requirements of Sections 4.7.4 and 4.7.5 shall be waived so that the requirements of this Article would not hamper private or public work to restore order to the City. This work to be done in accordance with emergency standards as outlined by the City Arborist.