909.14 ORDER TO TRIM OR REMOVE TREES; COST AND ASSESSMENT.

   (a)    When the City Arborist finds it necessary to order the trimming, preservation or removal of trees or plants upon private property as authorized in Sections 909.02(c) and 909.10, he shall serve a written order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for the existence.

   (b)    The order required herein shall be served in one of the following ways:

      (1)    By making personal delivery of the order to the person responsible.

      (2)    By leaving the order with some person of suitable age and discretion upon the premises.

      (3)    By affixing a copy of the order to the door at the entrance of the premises in violation.

      (4)    By mailing a copy of the order to the last known address of the owner of the premises, by registered mail.

      (5)    By publishing a copy of the order in a local paper once a week for three successive weeks.

   (c)    The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In case of extreme danger to persons or public property, the City Arborist shall have the authority to require compliance immediately upon service of the order.

   (d)    A person to whom an order hereunder is directed shall have the right, within twenty-four hours of the service of such order, to appeal to the Board of Zoning and Building Code Appeals, which shall review such order within thirty days and file its decision thereon. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within ten days after an appeal has been determined.

   (e)    When a person to whom an order is directed fails to comply within the specified time, the City Arborist shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made hereunder shall be authorized to enter the premises for that purpose.

   (f)    If the cost of remedying a condition is not paid within thirty days after receipt of a statement therefor from the City Arborist, such cost shall be levied against the property upon which such hazard exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided. Such special assessment shall be collected in the manner provided in Ohio R. C. 727.30 to 727.38, inclusive, with a forfeiture of five percent and interest for failure to pay at the time fixed by the assessing ordinance.

(Ord. 64-34. Passed 4-21-64.)