(a) It shall be unlawful for any person, owner, or occupant having supervision or control of any lot, tract, parcel of land or portion of it, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to permit or maintain on any such lot, tract, or parcel any tree or part thereof which is a public nuisance, and it shall be the duty of such person, owner or occupant to promptly remove, eradicate or otherwise control such condition.
(b) The City Arborist is charged with enforcement of this section, and to that end may enter upon private property at all reasonable hours for purposes of inspecting trees or plants or parts thereof, and may remove such specimens as are required for purposes of analysis to determine whether the same are infected.
(c) The City Arborist shall serve on the owner of the premises where a public nuisance as herein defined is found, written notice of the existence of such nuisance and an order detailing the requirements of abatement to be completed within a reasonable time to be specified in such notice. The “owner of the premises” means a person who has title to the property, or a person who has possession of the property. The notice of abatement shall be served by registered mail or personally on the owner. If such owner cannot be found, a copy of said notice shall be placed upon said tree or part thereof.
(d) If any work required to be done by the City Arborist is not accomplished within the time specified, the City Arborist may cause the work to be done at the expense of the City on the account of the owner of the property on which such work or improvements are done. Any notice given pursuant to this section shall state that if the work required is not done within the time specified, the City will cause the same to be done at the expense of the owner. A statement of costs incurred by the City shall be mailed to the owner by registered mail or personal delivery. Such statement shall be paid within 30 days of the date of mailing thereof to the City Finance Department. If the owner is unable to pay the cost of such work within 30 days, the City Finance Director is authorized to enter into an agreement to accept payment in installments not to exceed one year. In the event of nonpayment, all of the actual costs to the City will be assessed on the real estate on account of which expense is incurred.
(e) If the owner or occupant refuses to admit persons working for the City for the purpose of abating the nuisance, the City Arborist and the City Attorney shall seek an appropriate court order to gain admission.
(Ord. 117-2004. Passed 6-21-04.)