A. On Parks Department Maintenance Responsibility List. If any tree, plant or shrub in any planting strip or other public place is infected or infested with disease or pest detrimental to the growth, health or life of such trees, the parks department may remove or control such infection or infestation, but if the infection or infestation cannot be controlled or removed, then such tree, plant or shrub may be removed and destroyed if the director finds that such disposition is in the public interest.

B. On Any Right-of-Way Not Included in the City Maintenance Responsibility List. It shall be the responsibility of any person having trees, plants or shrubs, grass or other vegetation growing on abutting rights-of-way to treat or remove any tree or plant so diseased or insect-infested as to be a hazard to other trees and plants. The parks and recreation director shall have authority to require the abutting property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or diseases that would cause serious injury to trees and other plant material within the city.

The parks and recreation director shall notify the abutting property owner in writing, describing the conditions and stating the control necessary for correction, and establishing a reasonable time within which the required steps should be taken or an appeal filed before the hearing examiner. If the property owner questions the necessity of such action, the parks department director may refer to a qualified plant pathologist for confirmation of his judgment and continue the appeal to a reasonable time after the owner has been provided with the report of said expert. In the event that effective steps are not taken within the time specified, the city may enter the property in question to spray, trim, prune, treat or remove all or any part of the tree, plant or shrub determined to be infested or infected and the costs thereof shall be assessed to the owner. [Ord. 2002-10-069 § 27; Ord. 10282, 1992].