There is hereby created and established a tree board for the city which shall consist of three members, citizens and residents of the city, who shall be appointed by the mayor with the approval of the council.  

(Ord. 1258, Sec. 1)

The term of the three persons to be appointed by the mayor shall be three years. In the event that a vacancy occurs during the term of any member, a successor shall be appointed for the unexpired portion of the term. Any member of the tree board may be removed for cause at any time by the governing body.  

(Ord. 1258, Sec. 2; Code 1987)

Members of the board shall serve without compensation.  

(Ord. 1069, Sec. 3)

(a)   It shall be the responsibility of the board to study, investigate and develop and/or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such plan will be presented annually to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

(b)   The board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any matter or question coming within the scope of its work.  

(Ord. 1069, Sec. 4)

The board shall choose its own officers and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.  

(Ord. 1069, Sec. 5; Code 1987)

(a)   It shall be the duty of the owner or agent of real estate in the city abutting upon a public way to keep all trees and bushes located on or adjacent to such real estate property trimmed in a manner that they will not interfere with public travel upon the public way. Any part of a tree or bush projecting over a street or alley that

(1)   Hangs or protrudes less than fourteen (14) feet above street level;

(2)   Interferes with the visibility of any traffic control device or sign; or

(3)   Obstructs the light from any streetlight

is declared to be hazardous and to interfere with the use of the street or alley.

(b)   Any part of a tree or of a bush projecting over a sidewalk less than eight (8) feet above sidewalk level is declared to be hazardous and to interfere with the use of the sidewalk.

(c)   Any tree or bush located within 35 feet of the curb line of any intersection of the streets in the city is declared to be hazardous unless the lowest branch is trimmed at least fourteen (14) feet and the maximum height of a bush does not exceed 30 inches above the top of the curb nearest the tree or bush unless a member of the Board of Health determines a lower height of the bush is necessary to preclude a traffic or safety hazard.

(Ord. 1448; Code 2011; Ord. 1885)

If the owner or agent fails to comply with the requirements of the notice, then the city shall proceed to have the nuisance abated. The city shall give notice to the owner or agent by restricted mail the total cost of such abatement or removal incurred by the city. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice.  

(Code 2011)

If cost of such abatement and notice is not paid within the 30-day period, the city may recover such cost, to include the cost of providing notice and postage, in the manner provided by K.S.A. 12-1,115, and amendments thereto, or assess such charges against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other city taxes to the county clerk, extend the same on the tax rolls of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the city as other taxes are collected and paid.  

(Ord. 1448; Code 2011)

Whenever a member of the board of health determines that an emergency exists which requires immediate abatement of the nuisance to protect the public health, safety or welfare, an order may be issued directing the owner or agent of the real estate to take appropriate action to immediately abate the nuisance causing the emergency. If the owner or agent does not take immediate action to abate the emergency or is not immediately available, the city may act to abate the emergency with any costs incurred to be assessed and collected in the same manner as stated in Section 12-708 above.  

(Ord. 1448; Code 2011)