(a) When the Director of Public Works discovers that a tree growing on private property overhanging a street or public right-of-way within the City is afflicted with a dangerous or infectious insect infestation or tree disease, he or she shall serve a written notice upon the owner of the property in the manner provided in Section 202.04. The notice shall describe the tree, its location, and the nature of the infestation or tree disease and order the owner, agent or occupant to take such measures as may be reasonable and necessary to curb such infestation or disease and prevent the spreading thereof. Such notice shall also specify the measures to be taken. Such measures may require the pruning, spraying or destruction of the trees as is reasonably necessary
(b) If the owner, agent or occupant of the property refuses to carry out the order of the Director of Public Works within the time limit, the Director shall carry out the pruning, spraying or destruction of the tree as deemed necessary by him or her and shall bill the owner, agent or occupant of the property for the cost thereof. If the owner, agent or occupant of such property fails to pay such bill within sixty days after the same has been rendered, the Director shall report such to the City Commission for collection as a single-lot assessment against the property in accordance with Chapter 216 of the Administration Code. The Director may, without serving the above notice when the owner or occupant of any private property consents and pays the reasonable cost thereof, cause trees growing on a private lot to be sprayed when he or she deemed the same necessary on account of any infestation of disease or threat thereof.
(c) A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)