(A) It shall be unlawful for any property owner to maintain, or permit to stand on that person's property, a dead, diseased, damaged or alive, tree, shrub, evergreen or other plant which is a menace to the public peace, health or safety.
(B) A plant may be declared to be in violation of this section by a majority of the Shade Tree Commission under the following conditions:
(1) A person, who through training or experience, is an expert in trees or is an arborist, provides a written explanation of the recommendation of a finding of a violation of this section, along with a precise description of the location of the tree.
(2) Prior to voting, the members of the Shade Tree Commission who vote upon the measure personally go to the location to view the plant, without entering upon the property of the landowner. If the person making the recommendation is a member of the Shade Tree Commission, that person shall not be entitled to vote upon the measure. Any tie on this issue shall be broken by the Mayor.
(3) More than 15 days before the vote, the owner (as reflected on the records of the County Auditor) of the property upon which the tree is located is sent a letter, ordinary mail, that states "A tree on your property is being considered for determination of being a nuisance under the Codified Ordinances of the Village of Bellville. You may appear before the Shade Tree Commission on [date, location, and time] to provide input prior to a vote on whether the tree creates a nuisance. Enclosed is the written explanation of the recommendation of a finding of a violation of Section 94.10 of the Codified Ordinances of the Village of Bellville. You may bring any person, including your own arborist or expert, to testify that the plant is not in violation of that section, but cannot compel any person's presence." Enclosed with the letter shall be the recommendation and explanation described in division (B)(1), above.
(C) Upon a majority vote to declare a tree in violation of this section, the following steps shall be taken.
(1) The owner (as reflected on the records of the County Auditor) shall be sent, by ordinary mail, a notification that states: "A plant on your property located at [address] has been determined to be a nuisance by the Shade Tree Commission of the Village of Bellville. You must remove or sufficiently prune the plant to abate the nuisance within 120 days of the date of this notice. You may appeal this finding within 30 days of the postmark on this notice to the Council of the Village of Bellville by providing notice of your intent to appeal to the Village of Bellville, 142 Park Place, Bellville, Ohio 44813. If you do not appeal and the nuisance is not abated within 120 days, the Village may enter upon your property and take action to abate the nuisance by removal or pruning of the plant; in that event, the actual costs of the removal or pruning shall be entered as an assessment against the property with the County Auditor."
(2) If the owner timely requests an appeal to Council, the matter will be scheduled for the first Council meeting taking place at least seven days after receipt of the request. The expert providing the opinion described above shall be present at the meeting to explain the basis for the recommendation. The landowner shall be given the opportunity to provide testimony and witnesses prior to a vote. A majority of Council members present shall be sufficient to determine the matter, with the Mayor deciding ties.
(D) If no successful appeal has been made, after the passage of the 120 day period described in division (C)(1) of this section, the Village Administrator may cause the removal or pruning of the plant that has been determined to be a nuisance, using any reasonable method, including contractors or village employees. The decision of whether removal or pruning is the most appropriate means of abating the nuisance, and the means of selection of contractor(s) to perform the labor, shall be considered wholly discretionary in the Administrator and shall not be the basis of any appeal; except that no member of the Shade Tree Commission, nor any company with which any member is affiliated, may be contracted to perform the abatement.
(E) Any costs incurred by the village in performing the abatement described in division (D) of this section shall be invoiced, ordinary U.S. mail, to the property owner (as reflected on the records of the County Auditor) with a due date 60 days from the date of mailing. Unpaid expenses shall be conveyed to the County Auditor as an assessment against the owner payable with the taxes for the property.
(F) Nothing in this section shall create a duty to act on the part of the village or any of its officers, employees, or agents; this section is solely permissive in nature. No cause of action shall accrue against the village, any of its officers, employees, or agents, as a result of action or inaction under this section.
(Ord. 1-2019, passed 1-8-2019)