If the Tree Program Supervisor determines that a violation exists regarding planting, maintenance or encroachment of trees, flora, plants or shrubs upon public property, the following procedures shall be implemented:
(a) A preliminary notice shall be given to the owner and/or occupant of such property, either verbally or by posting a written notice on the property. The notice shall state the nature of the alleged violation, corrective action necessary and a date, not less than two (2) weeks in the future, when the property will be re-inspected to determine if compliance has been effected. After re-inspection, if it is determined that the violation has been corrected, the owner or occupant shall not be liable for any charges by reason of the preliminary notice procedure.
(b) If any violation is not corrected as a result of the preliminary notice, the Tree Program Supervisor shall give to the owner and occupant of such real estate written notice of the violation. Such notice shall be given by Certified Mail, stating the nature of the violation, describe the real estate upon which the condition exists and demand abatement of the condition and set a date for completion of the abatement action, not less than two (2) weeks after the date of such notice. The property shall then be re-inspected to determine if abatement has been effected. If the Certified Mail is returned or if the address of the owner is unknown and cannot be ascertained after due diligence, it shall be sufficient to give notice by publication one time pursuant to statute. The owner(s) notified by publication shall have ten (10) days from the date of the published notice in which to abate the offending condition. (Ord. No. 2007-04, 3-21-07)