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The city commission shall have the right to review the conduct, acts, and decisions of the city park and tree board. Any person may appeal from any ruling or order of the park and tree board to the city commission who may hear the matter and make final decisions. (Ord. 1731, 3-7-2011)
Any tree, shrub or plant which is maintained in violation of any provision of this chapter is hereby declared to be a public nuisance and such shall be immediately abated by the owner of the property.
(A) If there appears to be a violation of this chapter, the city shall notify the owner of the property in writing of the violation. This notice shall be sent by certified mail. This notice shall include a statement specifically describing the violation. Notice may be personally served by a designated city employee.
(B) Unless a shorter time is provided for in this chapter, the notice of violation to the owner shall specify that the owner has twenty (20) days from receipt of such notice within which to become in compliance with this chapter.
(C) The owner may, after notification of violation, submit a plan of abatement to the city which shall include: 1) type of abatement proposed; 2) date for commencement of action; and 3) reasons, if appropriate, why abatement cannot be completed within the twenty (20) days from the receipt of notice. The city may accept such plan and defer further proceedings under this chapter pending abatement.
(D) After twenty (20) days or the date agreed to by owner and city, not to exceed sixty (60) days, the city shall determine whether the violation has been abated by the owner.
(E) If the owner has failed to act or correct the nuisance, the city shall send a notice setting a date and time for hearing before the city court notifying the owner to appear to show cause why the violation has not been abated.
(F) A show cause hearing will be held by the city court. Both the city and the owner may give evidence. At the end of the hearing, the court shall determine if proper notification was made and if the violation exists. If a violation exists, the owner shall be ordered to abate it within a reasonable time and allow the city to inspect the same for compliance. The court is also authorized to allow the city to enter the owner's property and abate the nuisance if the nuisance is not abated as directed by the court.
(G) If, after a show cause hearing, the owner has not complied with the court ordered abatement, the city may enter upon the owner's property with the specific purpose of abating the violation.
(H) The city may assess the property owner/user for the actual costs of the abatement.
(I) Nonpayment of the assessment by the city may be taken as a lien upon the property and is enforceable as is nonpayment of property taxes. (Ord. 1731, 3-7-2011)
Any person violating any provision of the ordinance codified in this chapter shall be, upon conviction or a plea of guilty, subject to a civil fine not to exceed one hundred dollars ($100.00) for each violation. Each day that the violation exists shall be deemed a separate violation for purposes of this section. (Ord. 1731, 3-7-2011)