Los Gatos Municipal Code Art. III Dead or Dangerous Trees

When any tree, or part of a tree appears to be dead, decayed, injured, insecurely rooted, or for any other reason likely to break apart or fall, and the tree is either located on a public street or any other public property, or overhangs or is likely to fall upon any public street or other public property, the Director shall notify the owner or person in possession of the property to cut down, trim or remove the tree, as the extent of the apparent damage and hazard may require. Where a tree or part of a tree is in the condition described in this section, and constitutes an immediate danger to members of the public using a public street or any other public property, the Director may, taking only such steps as are reasonable under the circumstances to notify the owner or occupant of the property, cut down, trim or remove the tree, as reasonably necessary to alleviate the hazard.

(Code 1968, § 31-13.1)

The notice mentioned in section 26.30.010 may be given by delivering a written notice personally to the owner or to the person in possession of the property, or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at the owner's last known address as the same appears on the last equalized assessment rolls of the Town.

(Code 1968, § 31-13.2)

The notice provided for in section 26.30.010 shall particularly specify what work is required to be done and shall further specify that if the tree is not cut down, trimmed or removed within ten (10) days after notice, the Director shall perform such work and the cost of the same shall be a lien on the property upon which such tree is located.

(Code 1968, § 31-13.3)

If the tree coming under the provisions of this article is not cut down, trimmed or removed as required by the notice, the Director shall forthwith perform such work.

(Code 1968, § 31-13.4)

Upon completion of the work, the Director shall cause notice of the cost thereof to be given in the manner specified in this chapter for the giving of notice to perform the work, which notice shall specify the day, hour and place when the Town Council will hear and pass upon a report by such Director of the cost of the work, together with any objections or protests, if any, which may be raised by any person liable to be assessed for the cost of such work.

(Code 1968, § 31-13.5)

Upon the completion of the work performed pursuant to this article, the Director shall prepare and file with the Town Council a report specifying the work which has been done, the cost thereof, a description of the real property upon which the tree was located and the assessment against the parcel of land proposed to be levied to pay the cost thereof.

(Code 1968, § 31-13.6)

Upon the day and hour fixed for the hearing provided for in this article, the Town Council shall hear and pass upon the report of the Director, together with any objections which may be raised by any property owner liable to be assessed for the work of cutting down, trimming or removing any tree. Thereupon, the Town Council may make such modifications in the report as it may deem just, after which, by resolution, the report as submitted or as modified shall be confirmed. The decisions of the Town Council on all protests and objections shall be final and conclusive.

(Code 1968, § 31-13.7)

The cost of cutting down, trimming or removing any tree coming under the provisions of this article may be assessed by the Town Council against the parcel of property upon which the same is located, and such cost so assessed, if not paid within five (5) days after its confirmation by the Town Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid or until discharged.

(Code 1968, § 31-13.8)

The Town Council, after confirmation of the report of the Director, may order a notice of lien to be delivered to the Town Auditor, who shall enter the amount thereof on the County assessment book opposite the description of the particular property and the amount shall be collected, together with all other taxes against the property. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary Town taxes are collected, and shall be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary Town taxes.

(Code 1968, § 31-13.9)