(a) When the Department shall discover that any tree growing on private property that affects safety within the tree/awn or public right-of-way that is afflicted with any dangerous insect infestation, disease, or hazard, a written notice shall immediately be served upon the property owner or his or her agent describing the tree or trees, their location, the nature of the insect infestation, disease, or hazard to prevent the spreading thereof. The notice shall specify the corrective measure required to be taken. This notice may require the pruning, treatment or destruction of the affected trees, including stump removal, as reasonably necessary. Every such notice shall state a specific time period within which compliance shall be required; provided however, all notices shall provide at least ninety (90) days after service thereof for compliance unless otherwise agreed upon in writing. Said notification shall be accomplished in accordance with the provisions of Section 917.11.
(b) If, at the expiration of the time limit in the notice, the owner has not complied with the requirements thereof, then all costs associated with remedying the condition shall be assessed. All costs of completing the work necessary to resolve the condition(s) complained in the notice shall include the costs associated with the work required to comply with the notice, the Law Department's time to enforce said notice, and the Finance Department's time required to process and collect from the property owner for said costs. The costs may be assessed against the property on the next general assessment roll of the City and collected and enforced in the manner as real property taxes are collected and/or the Finance Department may invoice the property owner for the costs associated with the work that was done and collect said payment as allowed by law.
(c) The City may inspect trees on private property. Trees other than those that affect the treelawn or City right-of-way at the request of a property owner to determine the condition of a tree, but such inspection shall not obligate the city to enforcement action.
(d) The property owner may appeal the notice as prescribe for in Section 917.13.
(Ord. 25-13. Passed 3-25-13.)