The Governing Body of the City of Paola has elected and does hereby elect to assume control of the planting, maintenance, treatment or removal of trees and shrubbery upon all streets, alleys, avenues and boulevards of the City and said City will plant, maintain, treat or remove such trees as a municipal function: provided, that the owner or owners of property abutting such streets, alleys, avenues, and boulevards shall have the right to plant, maintain, treat, trim or remove such trees by first obtaining the permission from the City and all of such planting, maintenance, treatment, trimming or removal shall be done under the supervision of, and in accordance with all rules and regulations established by the City. The City shall have the right to designate the kind and location of such trees and shrubbery so planted.

(Prior Code 2016 §205.140; Code 2021)

Whenever any competent City authority or competent State or Federal authority when requested by the Governing Body of the City shall file with the Governing Body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within said City are infected or infested with or harbor any tree or plant disease or insect pest or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or destruction of other, trees or shrubs in the community, describing the same and where located, said Governing Body shall direct the City Clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or remove any such designated tree, tree material or shrub within a time specified in such notice; said notice shall be served by the Chief of Police or other Police Officer, by delivering a copy thereof to the owner, or agent of such property or if the same be unoccupied and the owner a non-resident, then the City Clerk shall notify the owner by mailing a notice to his/her last known address. If the owner or agent shall fail to comply with the requirements of said notice within the time specified in the notice, then the City Manager, or other designated officer shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the City Clerk, and the cost of such treatment or removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree, tree material or shrub 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 said lot or parcel of ground. The cost of such work shall, except as hereinafter provided, be paid from the General Fund and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the City.

(Prior Code 2016 §205.150; Code 2021)

The Governing Body of the City, when it appears that there is or likely to be a general infection or infestation of the trees or shrubs within the City by tree or plant disease or insect pest or larvae resulting in damage to or the death of many trees or shrubs, may provide such preventive measures of treatment as may be necessary and pay the cost from the General Fund.

(Prior Code 2016 §205.160; Code 2021)