(a) When the Mayor has knowledge that any dead tree or shrub, or any dead part of any tree or shrub, or any diseased or damaged tree or shrub, is being maintained or permitted to stand upon any lot or land, and which, in the opinion of the Mayor, by reason of its proximity to any public street or other private property, constitutes a hazard or menace to the safety of pedestrians, or to vehicular traffic, or to other property, public or private, he shall report in writing to Council a description of such lot or land together with the name and address of the owner thereof, and state that in his opinion such dead tree or shrub, or dead part of a tree or shrub, or diseased or damaged tree or shrub, constitutes a hazard or menace to the safety of pedestrians, vehicular traffic or other property.
(b) The Clerk of Council shall cause written notice to be served upon the owner, lessee, agent or tenant having charge of such lot or land referred to in subsection (a) hereof that such dead tree or shrub, or dead part of a tree or shrub, or diseased or damaged tree or shrub, must be cut down or removed from such lot or land within fifteen days of the service of such notice or publication thereof as hereinafter provided. If such owner or other person having charge of such lot or land is a nonresident whose address is known, such notice shall be sent to his address by registered mail; if such address is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County.
(c) Any police officer, the Clerk of Council, or any of his assistants may make service and return of the notice hereinabove provided for, and the fees therefor shall be the same as are allowed for the service and return of a summons in civil cases before a magistrate.
(d) If the owner, lessee, agent or tenant having charge of the lot or land mentioned in subsection (a) hereof fails to comply with such notice within the time therein provided, the Mayor shall cause such dead tree or shrub, or dead parts of a tree or shrub, or diseased or damaged tree or shrub, to be cut down and removed from such lot or land, and may employ the necessary labor to carry out the provisions of this section. All expenses incurred shall, when approved by Council, be paid out of any money in the Treasury not otherwise appropriated.
(e) Upon approval of such report by Council, the Clerk of Council shall make a written return to the County Auditor of action under subsections (c) and (d) hereof with a statement of the charges for such services, the amounts paid for the performing of such labor and the fees of the officers who made the service and return of the notice, together with a proper description of such lot or land. Such amounts so approved by Council shall be entered by the County Auditor upon the tax duplicate of the County and be a lien upon such lot or land from and after the date of the entry and be collected as other taxes and returned to the City with the General Fund.
(f) No person shall interfere with any laborer or workman in the cutting down or removal of such dead, diseased or damaged trees or shrubs or parts of trees or shrubs.
(Ord. 6-55. Passed 4-12-55.)
(g) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. Punishment shall be as provided in Section 698.02.