(a) It shall be unlawful for any property owner to maintain, or permit to stand on his property, any dead, diseased or damaged tree, shrub, evergreen or other plant which is deemed by the Department to be a menace to the public peace, health or safety or when a tree, shrub, or evergreen is removed, to fail to remove all stumps twelve inches below the surface of the ground and to restore the site of the removal.
(b) The Director may remove or cause or order to be removed, any tree or part thereof which by reason of its nature is injurious to public improvements or is deemed a menace by condition to the health, safety and welfare of the public. The Director shall order removal of such tree or shrub identified as dead, diseased or a menace, by letter sent first class mail. When such removal is ordered, all stumps must be removed twelve inches below the surface of the ground, and all residual material shall be removed from the site at the time and the site restored.
(c) The owner shall have fifteen (15) days from the date of mailing to affect such removal. If the property owner fails to comply within the specified time, the City, its employees or agents may enter onto the property to remove such tree or shrub and to bill the property owner for the cost of the work and an administrative fee, or if necessary to assess the property owner as provided by law in the case of special assessments.
(d) The person to whom an order is directed may appeal the order of the Director by notifying the Commission of such an appeal to the Commission within fifteen (15) days after receipt of written notice. The Director will delay enforcement of the order until such time that the appeal may be presented to and decided by the Commission.
(e) However, if the Director determines the tree, shrub, evergreen or other plant is so damaged as to be an immediate danger to persons or property, the Director shall have the right to immediately have the tree, shrub, evergreen or other plant, or any portion of such plant, removed without regard to the 15 day limit.
(Ord. 7-13. Passed 3-12-13.)