A. Curbs and gutters, after initial construction, shall be maintained and are the responsibility of the city. Damaged curbs and/or gutters shall be repaired or replaced at the discretion of the city at city expense. Trees located in the city right-of-way which are determined to be the cause of damages to curbs and gutters will be removed by the city prior to any repairs being made to the curb and gutter involved.
B. If, however, a tree which is located on private property causes damage to the curb and gutter, the property owner will be notified as provided by law and advised to abate the problem and notified that failure to remove the tree will cause the city to remove it at the property owner's expense. If the property owner does not remove the tree within thirty days, the city will do so and bill the property owner for the cost of removal. If the property owner does not render payment within thirty days, a lien will be placed against the property and collection will be commenced according to law, following a hearing before the city council utilizing the same procedures set forth in Section 12.05.040.
(Ord. 521 § 1(part), 1987).