9.20.130 Trees - Dangerous or Hazardous Conditions.
(1) It shall be unlawful to knowingly keep or maintain a tree which is a danger or a hazard to other trees or plants or to humans because the tree is diseased or because of the size, location, or other characteristics of the tree.
(2) Provo City may bring a criminal action to enforce this Section and Provo City or any private person may bring a private civil action to enforce this Section.
(3) The following are hereby defined and declared to be a public nuisance:
(a) a non-public tree, shrub or other plant located on private property that is dead or is host to a destructive or communicable disease or other pestilence which endangers the growth, health, life, or well-being of any tree, shrub, or plant in the City capable of causing an epidemic spread of a communicable disease or insect infestation;
(b) the root of any non-public tree located on private property which causes the surface of a public street, curb, or sidewalk to be up heaved or otherwise disturbed; and
(c) any non-public tree or portion thereof, located on private property which, by reasons of location or condition, interferes with any public street, sidewalk, or signage, or constitutes an imminent danger to the property, health, safety, or well being of the general public on City property.
(4) When a public nuisance, as described in this Section, exists upon property, and is the outgrowth of the usual, natural, or necessary use of property, the owner or landlord thereof, or such person’s agent, tenant or tenant’s agent, and all other persons having control of the property where such nuisance exists, shall be deemed the authors thereof, and shall be equally liable for such nuisance.
(5) The City Forester is hereby authorized to issue a warning at any property where a public nuisance exists. If the nuisance is not abated by the property owner within a reasonable time, as determined by the City Forester, the City Forester may pursue legal action through the City Attorney’s office. The City also shall have authority to condemn and remove any tree, stump, shrub, or vine upon any public street, avenue, or way where the tree, tree stump, shrub or vine is dead, or host to a communicable or destructive disease or for any other reason undesirable. The property owner may be charged with the equipment, vehicle, and crew cost accrued in the pruning or removal of any nuisance tree.
(6) The City may trim or prune any public tree or remove any tree planted in violation of this Chapter or any other ordinance of the City, without serving notice upon the owner of the abutting property. No person, firm, or corporation shall interfere with the City Forester or persons acting under the City Forester’s authority while engaged in the removal of any tree, shrub, or plant along any street, avenue, way, or public place in the City. Interfering with other forestry activities including but not limited to planting, mulching, and pruning is also prohibited.