When the Village Arborist finds it necessary to order the trimming, preservation or removal of trees or plants upon private property, as authorized in §§ 1026.03(c) and 1026.06(c), he shall serve a written order to correct the dangerous condition upon the owner, lessee, agent, operator, occupant or other person responsible for its existence.
(a) The order required herein shall be served in one of the following ways:
(1) By making personal delivery of the order to the person responsible;
(2) By leaving the order with some person of suitable age and discretion upon the premises;
(3) By affixing a copy of the order to the door at the entrance of the premises in violation;
(4) By mailing a copy of the order to the last known address of the owner of the premises by registered or certified mail; or
(5) By publishing a copy of the order in a local newspaper once a week for three successive weeks.
(b) The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or public property, the Village Arborist shall have the authority to require compliance immediately upon service of the order.
(c) If the owner, lessee, agent, operator, occupant or other responsible person is aggrieved by an order of an officer hereunder, and desires a hearing, he may complain or appeal in writing to the Village Arborist within three days from the date service of the order is completed, and the Village Arborist shall investigate the complaint and shall fix a place and time, not less than five days nor more than ten days thereafter, for hearing such complaint. Notice of such hearing shall be mailed to the address of the aggrieved party as it is set forth in the complaint or appeal.
At the hearing, the Village Arborist may affirm, modify, revoke or vacate such order. Unless such order is revoked or vacated by the Arborist, it shall remain in force and be complied with by such owner, lessee, agent, operator, occupant or other person within the time fixed in the order or within such time as may be fixed by the Village Arborist at the hearing.
(d) Any person aggrieved by the final order of the Village Arborist as made at the hearing provided for hereunder may appeal as provided for in R.C. Chapter 2506. Any person adversely affected by a standard fixed or order made pursuant to this chapter may appeal as provided for in R.C. Chapter 2506.
(e) When a person to whom an order is directed fails to comply within the time specified by an order hereunder or otherwise upon appeal, the Village Arborist shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made hereunder shall be authorized to enter the premises for that purpose.
(f) If the cost of remedying a condition is not paid within ten days after receipt of a statement therefor from the Village Arborist, such cost shall be levied against the property upon which the hazard exists as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment, as herein provided. Such special assessment shall be collected in the manner provided in R.C. §§ 727.30 to 727.38, with a forfeiture of 5% and interest for failure to pay at the time fixed by the assessing ordinance.
(`80 Code, § 1026.09) (Ord. 1028, passed 10-21-68)