CITY COMMISSION AGENDA ITEM

Department:	Parks and Recreation		Commission Meeting Date:  12/5/2017
Staff Contact:	Crystal Miles, Horticulture Manager
Recommendations/Options/Action Requested: Authorize the City Clerk to contact property owners to remove private dead Elm trees at their expense pursuant to City Code Chapter 18, pertaining to street trees.
Executive Summary:		Chapter 18 of the city street tree code has a provision for public nuisances to be declared for standing elm trees (dead or alive) infected with the Dutch Elm Disease wherever it may be found within the City. The nuisances are prohibited, and no person, firm, or corporation shall permit any public nuisance as to remain on any premises owned or controlled by him within the City. Each year the Director of Parks and Recreation, or his or her designee, shall inspect properties within the City to determine whether any public nuisance exists. The Parks & Recreation Department is requesting Commission approval to contact property owners to remove four (4) large dead Elm trees located on three (3) private properties at the following addresses: · 1816 E 25^th Terrace · 1535 Cadet Avenue · 730 W 25^th Street - 2 trees. The infected dead trees will be marked for removal because they constitute a hazard to property and persons.  We are requesting the City Clerk to issue a notice to be sent by registered mail or police officer, requiring the owner to remove the trees within 90 days, during their winter dormancy.  If the owner fails to comply with the requirements of the notice within the time specified, then the Parks and Recreation designee shall proceed to have the dead trees removed by a private contractor and report the costs to the City Clerk. The cost of removal shall be paid by the owner of the property or shall be assessed and charged against the parcel of ground on which the tree was located. The City Clerk shall at the time of certifying other city taxes to the County Clerk, certify the unpaid costs and the County Clerk shall extend the same on the tax roll of the County against the parcel of ground.  Chapter 18-116.3 states no damage shall be awarded to the owner for destruction of any elm tree, wood, material or any part thereof pursuant to this section.
Strategic Plan Critical Success Factor		Effective Governance Safe, Healthy, and Welcoming Neighborhoods Innovative Infrastructure and Asset Management Core Services
Fiscal Impact (Amount/Source):		The fiscal impact to the City is negligible as the costs will be paid by private property owners.
Attachments:		None.

Reviewed By: (for CMO use only)

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