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If the City Urban Forester, which is hereby designated as the administrative agent of the city to carry out the duties set forth herein, determines that a tree located on private property is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, the City Manager or his or her designee may, by administrative order, cause the property owner where the tree originates, to trim or remove any public and the community, or a hazard to traffic, in accordance with the following:
(A) After the issuance of the administrative order, at least ten days' notice shall be given to the owner of the property where the tree originates by mail at the address shown by the current year's tax rolls in the County Treasurer's office before the city shall cause the tree to be trimmed or removed. The notice shall order the property owner to trim or remove the tree, as may be appropriate to eliminate the detriment to the health, benefit and welfare of the public and the community, or the hazard to traffic, and said notice shall further state that unless such work is performed within ten days of the date that such notice shall be given, the work shall be done by the city or contracted agency of the city and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing for work performed. If the property owner does not resolve the problem within ten days from the date of mailing, notice shall be given by posting a copy of the notice on the property and shall be deemed given on the date of posting.
(B) The property owner shall have the right to appeal the decision by the City Urban Forester determining that a tree located on private property is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, to the City Manager by filing a written notice of appeal with the City Clerk within ten days after the notice to the property owner has been given. In the event that an appeal from the decision from the City Urban Forester shall be taken, the City Manager shall hold a hearing after ten days notice to the property owner and shall determine whether or not the tree is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic.
(C) Upon the failure of the property owner to appeal the decision of the City Urban Forester ro the City Manger, or upon the determination by the City Council after appeal by the property owner that the tree is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, the agents or employees of the city shall have the right to enter upon the private property in order to trim the tree, or any limb or part of the tree, or remove the tree, as may be appropriate to eliminate the detriment to the health, benefit or welfare of the public or the city, or the hazard to traffic.
(D) The City Urban Forester shall determine the actual cost of such trimming or removal and of any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward by mail to the property owner a statement of such actual cost and demanding payment. If such trimming or removal is done by the city, the cost to the property owner for such trimming or removal shall not exceed the actual cost of the labor, maintenance, and equipment required. If such trimming or removal is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(E) If payment is not made within 30 days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer and the same shall be levied on the property and collected by the County Treasurer as other taxes are authorized by law. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the County Treasurer. In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At any time prior to the collection thereof the city may pursue any civil remedy for collection of the amount owing and interest thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.
(`83 Code, § 11-315) (Ord. 898, passed 10-4-82; Am. Ord. 94-32, passed 11-21-94; Am. Ord. 2006-22, passed 12-18-06)