Committee members reviewed the draft language defining hazardous trees, hedges, shrubbery and other vegetation on private property and discussed how the city identifies hazards, orders abatement, and collects costs when owners do not comply.
The committee reviewed the definition list that includes dead or diseased trees, trees obstructing traffic control devices or pedestrian passage, trees with defects likely to fail, trees threatening public health and welfare, species (e.g., poplar, box elder) with roots penetrating public places, and stumps in the front setback that extend above grade. "In a case where there's maybe a question about the health of a particular tree, that's where they may contact me," the Service Director said, explaining that an arborist could be called for an opinion.
Nut graf: Members agreed hazardous trees pose safety risks that justify abatement authority; they discussed using civil assessments rather than criminal prosecution in many cases and confirmed an appeals path to the Board of Zoning Appeals for owners seeking review.
The draft provides enforcement steps: notice to owner, city abatement if owner fails to act, certification of unpaid costs to the fiscal officer for collection, and options to pursue civil action or criminal charges in some circumstances. Law Director Brad Bridal explained civil suits are an additional option to collect costs in cases where certification to the tax duplicate does not reach the responsible owner because of property transfer.
The committee debated criminal penalties. Several members said criminal prosecution is appropriate for hazardous trees that create immediate safety threats but that fines and assessment recovery are the practical tools for noncompliance on private property. The committee confirmed an appeals avenue to the Board of Zoning Appeals and discussed due‑process timings for citations and remediation. The committee directed the law director to prepare a consolidated revised draft that reflects the clarifications discussed and circulate it to the joint committees for further review.