A. Notice To Spray: Every person who is the owner or, in possession, control or management of any lot, block or parcel of land upon which there are any trees or shrubs which are infested or infected with any insect, pests or diseases known to be injurious to such trees or shrubs who fails to spray such in violation of section 6-5-15 of this chapter, the city shall order such a person or persons within ten (10) days after written receipt or written notice to spray or cause the same to be sprayed with insecticide.
1. The order may be served by personal service, certified mail or publication.
2. The spraying shall be done within ten (10) days of the order therefor in such manner and with such insecticide as may be designated by the city.
3. In the event the property owner disagrees with the order, the property owner may choose to proceed under subsection 6-5-16C of this chapter.
4. Any person failing to comply with any order issued pursuant to this section shall be guilty of maintaining a nuisance under this chapter. Each day that such condition is permitted to remain shall be considered as the commission of a separate offense.
5. All trees, shrubs and vegetative growth referred to in this section inside of the property line or in the adjacent street, alley, boulevard or other public way shall be sprayed as herein required at the expense of the owner. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city to spray or cause the same to be sprayed such tree(s), and the exact cost plus administrative expenses thereof shall be assessed to the owner as provided for by law in the case of special assessments.
6. Upon the written request of the person owning such property, the city may spray or cause to be sprayed such trees, shrubs or vegetative growth upon a deposit by such person of a sum of money sufficient in amount to pay the costs of all labor and material used in the spraying. (Ord. 2014-01, 11-10-2014)