(A) Rights of City; Notice. The city may cause the removal, trimming or preservation of trees or plants upon private property when such trees or plants constitute a hazard to life or property or harbor insects or disease that constitute a potential threat to other trees or plants in the city. When the Shade Tree Commission finds such action necessary, it shall serve a written order to correct the condition to be served upon the owner of the premises and upon any operator, occupant or other person responsible for the existence of such condition.
(B) Method of Service. Such order shall be served by one or more of the following methods:
(1) Making personal delivery of the order to the persons to be served;
(2) Leaving the order with some person of suitable age and discretion upon the premises;
(3) Affixing a copy of the order to the door at the entrance of a dwelling place, office or other principal building located on the premises;
(4) Mailing a copy of the order to the last known address of the owner of the premises by certified or registered mail; or
(5) Publishing a copy of the order in a newspaper of general circulation in the city once a week for three consecutive weeks.
(C) Time for Compliance. Such order shall set forth a time limit for compliance, dependent upon the nature and imminence of the hazard and danger created by the condition that is ordered to be remedied. In a case of serious and imminent danger to persons or property, the Shade Tree Commission may require compliance immediately upon service of the order.
(D) Failure to Comply. Upon failure of the person to whom the order is directed and served to comply with the order within the specified time, a citation to appear in court for noncompliance with these provisions may be issued. Also, any duly authorized employee of the city or any contractor hired by the city may enter upon the property in violation and remove or trim the trees or plants that are the subject of the order. The cost of such work shall be billed to the owner of the premises and may be collected by any of the following methods: by means of appropriate civil court action; as an additional penalty and fine in any criminal proceeding associated with a violation of Chapter 1348 of the codified ordinances of the city; or the Director of Finance may send to the owner of the premises an invoice for the cost of the work done. The invoice shall be sent to the last-known address of the owner or to the address to which tax bills with respect to that lot or parcel of land are sent. If the amount of the invoice is not paid within 30 days from the date of the invoice, the amount of the delinquency shall be reported to the Council, which may order that amount to be assessed and certified to the County Auditor for collection in the same manner that real property taxes are collected.
(Ord. 13-87, passed 3-16-1987; Ord. 160-08, passed 11-17-2008)