(A) (1) Whenever the City Council or the City Superintendent finds with reasonable certainty that a public nuisance, as defined in§ 93.02, exists, he or she shall cause it to be sprayed, removed, burned or otherwise abated in a manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insects known to carry this disease. A notice shall be given the owner that the nuisance shall be abated within a specified time, which shall be not less than ten days from the date of the notice, unless the Superintendent shall find that immediate action is necessary to prevent the spread of infection. If the owner fails to comply, the Superintendent shall cause the abatement thereof.
(2) No damage shall be awarded the owner for destruction, pursuant to this section, of any possible diseased tree, elm wood, elm material or any part thereof.
(Prior Code, § 22-6)
(B) (1) The entire cost of abating any public nuisance, as defined in § 93.02, or of spraying any possible diseased tree in accordance with division (A) above may be charged to or assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which the tree is located or the parcel or lot on which the tree stands. The cost of abating the nuisance which is located in or upon any park or public grounds shall be borne by the city.
(2) If the cost of remedying a condition is not paid within 30 days after receipt of a statement from the City Administrator, the cost shall be levied against the property as a special assessment and shall be collected in the same manner as other taxes against the property.
(Prior Code, § 22-7)
(Ord. 453, passed - -)