(A) In abating contagious shade tree disease nuisances, the Street Superintendent shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of contagious shade tree diseases. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designed by the governing body.
(B) Whenever the Street Superintendent finds, with reasonable certainty, that a contagious disease infestation exists in any tree or wood in any public or private place in this municipality, the procedures shall be as set forth in divisions (B)(1) through (B)(6) below.
(1) If any tree, or any parts thereof, determined to be a nuisance is discovered on public or private property within the municipal limits of the city, it shall be condemned, removed, and disposed of or rendered incapable of spreading the disease. This shall hereby be termed PROPER DISPOSAL.
(2) Owners of property where a tree or part thereof infected with shade tree disease has been located on said owner’s private property shall be given no more than seven days for proper disposal from the date of notification. Notification shall be given in the form of a written notice to be presented personally or by mail by the Street Superintendent.
(3) Failure to abate the nuisance or properly dispose of the infected trees or portions thereof by a property owner within the time limit stated shall authorize the Street Superintendent to have the nuisance abated. The Street Superintendent may then charge all costs of the abatement to the property owner and bill him or her directly or have the monies due assessed to his or her taxes.
(4) The Street Superintendent shall keep a record of the costs of abatement done under this section and shall report monthly to the Finance Officer all work done for which billings and assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each.
(5) The payment of monies to the city for the abatement of nuisances from private property shall be handled in accordance with the provisions contained in § 92.19.
(6) The city also has the option of collecting the assessment through Small Claims Court.
(Prior Code, § 14.4.6)