The following are the prescribed means of abating public nuisances under this subchapter:
(A) Any public nuisance under this chapter which is located on city owned property adjacent to privately owned property shall be pruned, removed or otherwise treated by the property owner, or his or her agent, in whatever fashion is required to cause the abatement of the nuisance within 30 days after its notification.
(B) Any public nuisance under this subchapter which is located on private owned property shall be pruned, removed or otherwise treated by the property owner, or his or her agent, in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied.
(1) The Superintendent of Public Works shall cause a written notice to be personally served or sent, by registered mail, to the person to whom was sent the tax bill for the general taxes for the last preceding year.
(2) Such notice shall describe the kind of tree, shrub or other nuisance, its location on the property and the reason for declaring it a nuisance.
(3) Such notice shall describe, by legal description or by common description, the premises.
(4) Such notice shall state the actions that the property owner may undertake to abate the nuisance.
(5) Such notice will require the elimination of the nuisance no less than 30 days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year.
(C) In the event that the nuisance is not abated within 30 days following receipt of notice by the property owner or within any further time period allowed, the Public Works Superintendent or designee is authorized to cause the abatement of said nuisance, and the reasonable cost of such abatement to be billed to the property owner and completely paid by the property owner. If the property owner fails to timely pay, the Public Works Superintendent or designee, is hereby authorized to file the reasonable cost of such abatement as a lien against the property on which the nuisance was located, and the property owner of the property upon which the nuisance is located shall be subject to prosecution as provided in this chapter.
(D) The Superintendent of Public Works is empowered to seek the immediate abatement of any public nuisance provided that the nuisance is determined by the Superintendent of Public Works to be an immediate threat to any person or property.
(E) The Superintendent of Public Works or designee is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this chapter.
(Prior Code, § 98.062) (Ord. 94-301, passed 8-9-1994; Ord. 06-042, passed 7-25-2006; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023)