(a) Owners and occupants of property who have or whose predecessors in interest have caused trees and foliage to be situated in the public right-of-way shall keep trees and foliage properly maintained under the provisions of this chapter.
(b) In the event a property owner fails to comply with the terms of this chapter following notice under procedures set forth herein, the Township may enter upon such property as is necessary in order to eliminate conditions not in compliance with the terms of this chapter and shall assess the costs to the property or properties involved, sending a statement to such owner's last known address as determined from assessment records maintained by the Township. Such costs, if remaining unpaid, each year shall be collected in the same manner as ad valorem real property taxes, with the same interest and penalties.
(c) Costs shall include, where work is performed by employees of the Township, a per-hour labor cost, including wages and fringe benefits for employees involved, and time records shall be maintained. An additional ten percent administration fee shall be added to such costs. Where work is performed by contract, the costs shall include the contract costs plus an additional ten percent administration fee.
(d) Procedures for notice to property owners are as follows:
(1) Upon a determination by the Department of Public Works or other Township department that a condition of noncompliance exists with this chapter, written notice shall be served upon the owner or owners of private property where trees or foliage are located or to the owner or owners of property adjacent thereto.
(2) Owners of the property shall be determined either from the most current Township tax assessment roll or from records containing any address as may be available in the office of the Register of Deeds for the County of Macomb. Such owner or owners shall be notified in any of the following manners: personal delivery of a copy of such notice; leaving a copy of such notice with a person of suitable age and discretion who is a member of the household at the residence of such owner; or mailing a copy of such notice by first class mail, addressed to the last known address of such owner.
(3) Notice shall be in substantially the following form:
DEFECTIVE TREES OR FOLIAGE
TO: (insert name of all property owners)
NOTICE IS HEREBY GIVEN that the Department of Public Works for the Charter Township of Clinton on the _________ day of _____________, 199__ has determined that a dangerous and defective condition exists as a result of the location of trees or foliage to the right-of-way for the following property:
(insert property description or address)
You are hereby directed to take the following corrective action:
(describe needed action)
YOU ARE FURTHER NOTIFIED that you shall immediately cause the corrective action set forth in this notice in accordance with applicable ordinances of the Charter Township of Clinton, including Chapter 1024 of the Codified Ordinances. In the event corrective action does not occur within days from issuance of this notice, the Department of Public Works for the Charter Township of Clinton shall undertake necessary corrective action, and the cost for such action involved, including administrative costs, shall be imposed as a lien upon the property and collected in the same manner as ad valorem real property taxes with the same interest and penalties.
(e) When the corrective action involves trees or foliage interfering with the right-of-way contiguous to more than one lot or parcel of land, the costs of such work, if completed by the Township, shall be prorated for collection purposes on the basis of the estimated degree of intrusion into each right-of-way contiguous to each parcel by the Department of Public Works.
(Ord. 316. Passed 3-3-97.)