Chapter 12.04
INFECTED TREES, PLANTS AND SHRUBS
Sections:
12.04.010 Authority to abate – Dangerous trees.
12.04.020 Destroying trees in public place.
12.04.030 Notice of public nuisance – Tree on private property.
12.04.040 Form and content of notice to abate.
12.04.050 Failure to abate – Lien on property.
12.04.010 Authority to abate – Dangerous trees.
All trees, plants, and shrubs when infected by any insect, borer, pest or disease, threatening the life of the same, or which by reason of such infection endanger the life, growth, or healthful existence of other trees, plants, or shrubs not so infected, may be declared to be a public nuisance by the city manager, and thereafter abated as in this chapter provided. Any tree liable to menace life or property is hereby included in the above. [Ord. 02-13 § 1, 2002].
12.04.020 Destroying trees in public place.
Whenever any such tree, plant or shrub so infected is located on any street, lane, alley or public place, it shall be the duty of the city manager to order the same destroyed. [Ord. 02-13 § 1, 2002].
12.04.030 Notice of public nuisance – Tree on private property.
Whenever any such tree, plant or shrub so infected is located in or upon private property, the city manager may declare the same to be a public nuisance, and shall give written notice thereof to the property owner, in the manner provided in PGMC 1.12.010. [Ord. 02-13 § 1, 2002].
12.04.040 Form and content of notice to abate.
The notice to abate shall refer to the premises on which such public nuisance is alleged to exist, by lot and block number, or other appropriate description. After the giving of such notice a copy shall be conspicuously posted on the property upon which such public nuisance is alleged to exist; such notice to be in letters not less than one inch in height and substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
Notice is hereby given that on the _______________ day of ______, 20___, the City Manager declared that trees, plants, or shrubs, infected by insects, borers, pests, or diseases, threatening the life of the same, and which by reason of such infection endanger the life or growth or healthful existence of other trees, plants or shrubs, within the city, or any other reason menacing life or property, are located upon the following described premises therein, to wit: ____________: and that the same constitute a public nuisance which must be abated by the removal of the same, otherwise they will be removed and the nuisance abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and land from which any such infected trees, plants, or shrubs are removed or danger abated, and such cost will constitute a lien upon such lots or lands until paid.
Dated this _____ day of _______, 20___.
City Manager of the City of Pacific Grove.
[Ord. 02-13 § 1, 2002].
12.04.050 Failure to abate – Lien on property.
If such owner has not abated said nuisance within 10 days from the date of deposit of such notice in the post office, it shall be the duty of the city manager to cause such nuisance to be abated, in which case the city manager shall make out a verified statement of the expense incurred by him or her in abating such nuisance, and place the same on file with the city clerk. The city clerk shall thereupon cause an entry to be made on the tax roll opposite the description of the property, as follows: “Abating public nuisance, $_______,” filling in the amount of the expense in each particular case and the tax collector shall cause a corresponding entry to be made on the tax bill for the said property, and thereafter before any further payment shall be received for any tax or for the redemption of said property, the cost of abating such nuisance shall first be paid. [Ord. 02-13 § 1, 2002].