When the City Arborist finds it necessary to order the trimming, preservation, or removal of trees or plants upon private property as authorized in Sections 903.02(b) and 903.05(c), he or she shall serve a written order upon the owner, operator, occupant, or other person responsible for its existence to correct the dangerous condition.
(a) Method of Service. 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 mail; or
(5) By publishing a copy of the order in a local newspaper once a week for three successive weeks.
(b) Time for Compliance. 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 City Arborist shall have the authority to require compliance immediately upon service of the order.
(c) Appeal from Order. A person to whom an order hereunder is directed has the right, within twenty-four hours of the service of such order, to appeal to the Mayor, who shall review such order within three days and file his or her decision thereon. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within ten days after an appeal has been determined.
(d) Failure to Comply. When a person to whom an order is directed fails to comply within the specified time, the City 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 premises for that purpose.
(e) Special Assessment. If the cost of remedying a condition is not paid within ten days after receipt of a statement therefor from the City Arborist, such cost shall be levied against the property upon which such hazard exists, as a special assessment. Such special assessment shall be collected in the manner provided in Ohio R.C. 727.30 to 727.38, inclusive, with a reasonable forfeiture not to exceed thirty percent (30%) and interest for failure to pay at the time fixed by the assessing ordinance. If the same is not paid within 30 days after the mailing of the notice, such amount may be certified to the County Auditor for collection as other taxes and assessments are collected or the City may seek recovery of such costs by civil action against the property owner involved.
(Ord. 2021-108. Passed 1-17-22.)