(A) The owner, lessee, tenant, occupants, or person or persons having care and control of a plot of ground within the city shall remove from his or her land and the public right of way abutting his or her land every dead, decayed, or broken tree, plant, or shrubbery, or part thereof, so that the same shall not fall to the public right-of-way.
(B) The owner, lessee, tenant, occupants, or person or persons having care and control of a plot of ground within the city upon which a tree, plant, or shrubbery stands in a position to overhang any portion of an abutting public right of way, shall trim or cause to be trimmed the tree, plant, or shrubbery on his land or the public right-of-way abutting such land, so that a clear height of eight feet is maintained between the lowest branches of foliage of the tree, plant, or shrubbery and the public street or sidewalk.
(C) The owner, lessee, tenant, occupants, or person or persons having care and control of a plot of ground within the city shall cut down and remove from his or her land and the public right-of-way abutting such land any tree, plant, or shrubbery or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any right-of-way intersection, and to abate any nuisance necessary to protect life, limb, or property of persons, occupants of vehicles, and pedestrians using the abutting public right-of-way.
(D) (1) When the Safety-Service Director or the Building Commissioner determines that any of the conditions mentioned in divisions (A), (B), or (C) above exist, he or she shall serve written notice to the owner, lessee, tenant, occupant, or person having care or control of the plot of ground ordering compliance within 14 days of receipt of the notice. The Safety-Service Director shall also post the notice in a conspicuous place on the property advising the owner of the order to cut or remove the tree, plant, or shrubbery within 14 days of the posted notice. The posted notice shall list the date of the notice and the name of the Safety-Service Director and his or her address and telephone number.
(a) The notice shall be deemed properly served if, in addition to the posted notice described above, the notice is either:
1. Delivered via regular U.S. Mail to the recipient's last known address; or
2. Served personally by hand delivery to the recipient.
(b) The date of receipt of the regular mail notice, as described in division (D)(1)(a)1 above, shall be considered to be the third day after it was mailed by the Safety-Service Director.
(c) If the property in violation of division (A), (B), or (C) is vacant, the address of the owner or person having charge of the land is unknown, or service cannot be completed by the methods described in division (D)(1), it is sufficient to publish the notice once in a newspaper of general circulation in the city. The date of receipt of the notice shall be deemed to be the date of publication.
(2) If, after 14 days after written notice by the Safety-Service Director or the Building Commissioner, requiring compliance with divisions (A), (B), or (C) above, the responsible party fails to comply, the Safety-Service Director may cause the required work to be done by the labor force of the city or by a licensed contractor; and the cost thereof assessed against the lot or parcel of land. Such cutting shall be at the owner's expense, and the actual cost of correction and/or removal, along with an administrative fee of 20%, plus any publication costs shall be charged to the owner and assessed against the plot or ground.
(E) Notice of such charge and assessment shall be sent by mail or given to the owner of the lot charged therewith. All assessments not paid within 30 days after such notice is mailed shall, after approval by City Council, be certified by the Clerk of Council to the County Auditor to be placed upon the tax duplicate and collected as other taxes are collected.
(Ord. 04-13, passed 4-20-04; Am. Ord. 19-03, passed 2-5-19)