(a) No person shall plant or remove any shade tree or ornamental shrubbery in or along any public right-of-way unless the species thereof and the place where the same is to be planted have been first approved by the City Manager. Any shade tree or ornamental shrubbery planted without such approval may be forthwith removed upon written directive of the City Manager.
(c) The removal provided for in subsection (a) hereof shall be accomplished at the expense of the owner of the property abutting the public right-of-way wherein the unlawful planting was made, provided such planting was made by the owner or with the consent of the owner, expressed or implied. Upon failure of the owner to pay such removal and restoration costs, after due demand and billing, the same shall be certified to the County Auditor for placement on the owner's tax duplicate, to be collected as other taxes are collected. The remedy provided for herein shall be in addition to the penalty provided in Section 163.99.
(d) If the unlawful planting was made by someone other than the abutting property owner and without such owner's expressed or implied consent, then the removal provided for in subsection (a) hereof shall be accomplished at the expense of such other person, the same to be collected in a civil action if such person refuses or otherwise fails to pay such costs to the City. Such remedies shall be in addition to the penalty provided in Section 163.99.
(Ord. 19-33. Passed 8-19-19.)