(a) Every person who is the owner of or is an agent having the care of any premises within the City shall remove or have removed all dead or dying trees located in a street right of way or on private grounds which are dangerous to users of streets or sidewalks, dangerous to public health and safety, infected or infested by any parasite, insect or disease, or which otherwise constitute a public nuisance and which removal is necessary to safeguard the lives or property of other persons or to prevent the breeding or scattering of any parasite, insect, pest or disease to other trees or plants.
(b) In the event the owner or his agent neglects or refuses to remove such dead or dying trees, the City may, after ten days' written notice to the owner or his agent, cause such trees to be removed and charge the expense to the owner. Upon being unpaid, such amount shall be certified by the proper City official to the County Auditor and the same shall act as a lien upon the property of such owner and be collected as provided in the case of special assessments.
(c) Proper service of the notice required by Section 909.04(b) shall be by personal service, residence service, or by registered mail; provided, however, that such notice shall be deemed to be properly served, if a copy thereof is sent by registered mail to the owner's or agent's last known address. If any of the parties cannot be located, nor his address be ascertained, the notice shall be deemed to be properly served if a copy thereof is placed in a conspicuous place on or about the premises affected by this notice. If such notice is by registered mail, the ten-day period within which such owner is required to comply with the order shall begin as of the date he received such notice as evidenced by the return receipt. If certified mail service is refused or unclaimed as evidenced by the return of such certified mail with an endorsement showing such refusal or that the envelope was unclaimed, the enforcing official shall reissue the notice by ordinary mail retaining the certified mail envelope and endorsement as evidence of such failure of certified mail service; and service of the notice shall be deemed completed upon mailing of the ordinary mail notice. (Ord. 51-18. Passed 8-6-18.)