(a) Council hereby finds and determines that the existence of dead, damaged and diseased trees on private property which present a risk of physical harm to persons or property, or which harbor disease or pests which constitute a threat to other vegetation in the City, are injurious to the public health and safety, and the same, and any land covered thereby, are hereby declared to be a public nuisance.
(b) Upon information that any dead, damaged or diseased tree located on private property presents a risk of harm to persons or property, or harbors disease or pests which constitute a potential hazard to other vegetation in the City, the Director may cause notice to be served on the owner or person in charge of such land that such tree shall be removed within no less than seven days after the date of such notice. Such notice shall be given by certified mail or by personal service upon the owner of the tree. In the event that the owner cannot be located or served by mail or in person, then such notice shall be given by publication in a newspaper of general circulation within the City.
(c) Should the owner or person having charge of any such land fail to comply with such notice, then the Director shall have the right to enter upon such land and cause the removal of the tree and all cost or expense thereof, in accordance with a schedule of fees approved by Council, shall be assessed against such land and certified and collected as provided in the case of other assessments levied by Council. The expense so assessed shall include the cost of removal, the cost of any publication pursuant to this chapter, the cost of calculating, levying and collecting such assessment, and any other necessary expense.
(Ord. 56-1992. Passed 5-18-92.)