The city shall notify property owners in violation of this subchapter in writing of such violation ("notice") via certified mail. The notice shall state the violation, whether the property owner must prune, trim or remove the unsafe tree (“required action”) and that the property owner has five days from the date of the notice to perform the required action or request an extension of time to perform the required action from the Town Building Commissioner.
(A) If an extension of time is not requested, after five days, the Fishers Department of Permitting and Inspection (“Department”) will perform a site inspection. If the property owner has performed the required action, the Department will document via photography that the property owner has come into compliance, and the violation is closed. If the property owner fails to abate the violation, the Department will document the violation via photography and perform the required action. The Department shall maintain before and after photographs.
(B) Within ten days of performing the required action, the Department shall mail, via certified mail, return receipt requested, an invoice to the property owner reflecting the total cost incurred by the city in performing the required action, administrative costs associated with enforcing this subchapter and a penalty amount of $250 for violating the subchapter (“invoice”). Within ten days of the date the invoice is mailed, the property owner shall:
(1) Pay to the Department all amounts owed as reflected in the invoice; or
(2) File a written appeal with the City Court setting forth the address of the property; the name of the property owner; the basis for the appeal and any documentation supporting the appeal. Upon appeal, the City Court shall determine whether the property owner is liable for the violation or the invoice amount. If liable, the property owner shall have ten days from the date that the determination is rendered to pay to the City Court the invoice amount and all applicable court costs.
(Ord. 120511, passed 1-3-12; Am. Ord. 091514A, passed 11-17-14)