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(a) For a violation of Section 557.02
or 557.03
which require that a tree, plant or shrub be trimmed, the Mayor or his designee shall issue a notice of violation to the owner and, if different and known, upon the agent or lessee having charge of or responsibility for such lot or parcel of land at the last known address by certified mail, return receipt requested, and order that such condition be remedied within fifteen days after service of the notice.
(b) For a violation of Section 557.02, 557.03 or 557.04 which require that a tree, plant or shrub be removed, the Mayor or his designee shall issue a notice of violation to the owner, and if different and known, upon the agent or lessee having charge of or responsibility for such lot or parcel of land at the last known address, by certified mail, return receipt requested, and order that such removal be completed within thirty days after service of the notice.
(c) If the certified letter is returned marked “refused” or “unclaimed” , the service of the notice and order shall be effected by ordinary mail to the same address. In such case, the period to remedy the condition shall commence upon date of mailing of the letter.
(d) If the address of the owner, agent or lessee having charge of or responsibility for such lot or parcel of land is unknown and cannot with reasonable diligence be determined, it is sufficient to publish the notice once in a newspaper of general circulation in the City. In such case the period to remedy the condition shall commence upon the publication of such notice.
(e) Every notice under this section shall state that if the order is not complied with before expiration of the time period established therein, in addition to the penalty provided in Section 559.99, the costs incurred by the City in trimming and/or removing such tree, plant or shrub may, if not paid, will be certified to the County Auditor and entered upon the tax duplicate for collection and will be a lien upon such lot or land. (Ord. 95-6134. Passed 4-25-95.)
In the event the tree, plant or shrub, or any part thereof, is not trimmed and/or removed in compliance with the notice and the provisions of this chapter, the Mayor or his designee shall cause such tree, plant or shrub, or part thereof, to be trimmed or removed, and for such purposes he may use City forces or employ the necessary labor to carry out the provisions of this chapter. All expenses of labor and costs incurred shall, when approved by the Mayor, be paid out of City funds appropriated to cover this expense.
(Ord. 95-6134. Passed 4-25-95.)
When the Mayor or his designee has caused a tree, plant or shrub to be trimmed or removed as provided in this chapter, a statement of the costs thereof shall be mailed to the owner of such lot or parcel of land at his last known address, if known, by certified mail, return receipt requested and by ordinary mail. Such statement of costs shall include administrative costs, use or rental of equipment, transportation costs, labor and supervision, and other necessary costs.
(Ord. 95-6134. Passed 4-25-95.)
If the last known address of the owner is unknown and cannot with reasonable diligence be determined, or if the owner fails to pay the statement of costs within thirty days after deposit in the mail the following actions may be taken:
(a) The proper City official may certify the total costs, together with a proper description of the lot or parcel of land to the County Auditor who shall place the costs upon the tax duplicate. The costs shall be a lien upon such lot or parcel of land from and after the date of entry, and such costs shall be collected as other taxes and returned to the City, and /or
(b) The City may commence a civil action to recover the total costs from the owner.
(Ord. 95-6134. Passed 4-25-95.)
Any owner, agent or lessee having charge of or responsibility for maintenance of the lots or parcels of land within the City who fails to comply with any of the provisions of this chapter shall be guilty of a minor misdemeanor. Each day’s violation shall be a separate offense.
(Ord. 95-6134. Passed 4-25-95.)