(A) (1) The City Street Department shall have the right to cause the removal of any dead or diseased flora on private property within the city when such flora constitutes a hazard to the safety of the public or to life or property, or when it harbors insects or disease which constitutes a potential threat to other flora within the city.
(2) The Commission shall have the right to recommend to the City Street Department the removal of flora which meets the standards set forth in this division (A).
(B) The City Street Department shall notify the relevant property owner of record or the existing resident of the property on which the flora conditions exist in writing. Removal shall be done by the relevant owner of record and at the owner’s own expense within 60 days after service of the notice from the City Street Department.
(C) In the event of failure of the relevant owner to comply with said provisions, the City Street Department shall have the authority to remove the flora, charge the cost of removal to the relevant property owner and pursue legal collection and lien remedies, as applicable, to collect the cost.
(D) In lieu of the foregoing remedies available to the city, at the city’s sole and absolute discretion, the city may elect to consider any dead or diseased flora located on private property within the city, when such flora constitutes a hazard to the safety of the public or to life or property, or when it harbors insects or disease which constitutes a potential threat to other flora within the city, to be “weeds and rank vegetation” subject to the terms and provisions of §§ 94.01 through 94.04 and 94.99 of this code, including all terms and provisions related to the cost of removal, administrative fees and enforcement through the use of property liens.
(Prior Code, § 18.04.140) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99