(a) The officers, agents, or employees of the Village and/or the Fairport Harbor Tree Commission have the authority to enter onto private property when it is reasonably suspected that there is a tree that is dead, diseased, or otherwise in a condition that constitutes a threat or hazard to life and property, or harbors insects or disease that constitute a threat to the health of other trees within the Village.
(b) Upon notification of such trees on private property, the Tree Commission shall:
(1) Serve written notice of the risk and need for removal, and allow thirty (30) days for removal of the tree at the expense of the property owner. Such thirty (30) days will begin on the date of receipt of the letter of notification or on the day after the public hearing, if requested by the land owner, is held.
(2) Schedule a public hearing upon request of the owner of the private land so that he shall have an opportunity to be heard upon the question of the tree removal.
(3) Obtain a letter from the Solicitor advising that the procedures followed by the Commission in determining to remove a tree or trees from private property have met the Constitutional requirement of due process of laws prior to the taking of any private property.
(c) Failure to comply with the notice shall cause such trees to be removed by the Village and the costs shall be assessed against the property owner and collected as other taxes are collected. (Ord. 2005-066. Passed 6-14-05.)