(a) Definitions. As used in this section:
(1) “Dangerous tree” includes any tree that is unsafe and is able or likely to cause injury or loss to persons or property or in imminent danger of doing so.
(2) “Imminent danger” means a condition which could cause serious or life- threatening injury or death at any time.
(b) No owner in possession or control of any lot or parcel of land within the City shall permit or allow any tree to continue to exist which, because of age, disease or for any other reason, has become dangerous to the residents of the City. The City Manager is hereby authorized to make inspections in order to ascertain whether or not any dangerous tree contemplated by this section exists on any private property.
(c) No owner, tenant or other person shall prevent, obstruct or interfere with the City Manager or his authorized representative in making any inspection under this section. In the event that the City Manager or his authorized representative upon making any inspection required by this section, finds any tree located on private property which he considers to be dangerous under the provisions of this section, he shall condemn such tree and order the owner, tenant or person in possession or control of such property, in writing, to remove such tree within the time specified in the order. Notice of such order may be served by registered letter addressed to the owner or tenant of such premises by mailing the same to the last known place of residence of such owner or tenant. No person shall fail to comply with such order within the time prescribed therefor. If in the opinion of the City Manager there is imminent danger of failure or collapse of a tree or its appendages, the City Manager is authorized to immediately abate the danger by ordering the necessary work to be done to render such tree to be safe. Written notice shall be posted upon the premises at that time.
(d) Remedy of City Noncompliance With Notice: Costs. Five days after the date of service of written notice or the posting of such notice upon the premises, the City Manager or his designee may cause the dangerous to be removed from the property if the owner, lessee, agent or tenant has not complied with such notice. If the dangerous tree is removed by the City due to noncompliance with the notice, or because of imminent danger, or for any other proper reason, all costs associated with the removal of the dangerous tree, as well as all administrative costs as determined and regulated by the City Manager, shall be borne by the owner of the property and shall be assessed against said property.
(e) Notice of Assessment; Certification. Whenever possible, a notice of the assessment shall be given to the owner of the property charged therewith or his or her agent, either in person or left at the usual place of residence or sent by U.S. Mail. All assessments not paid within ten days after the giving of such notice shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The remedy provided in this division and in division (d) of this section shall be in addition to the penalty provided in division (f) of this section.
(f) Penalty. Any owner, lessee, agent or tenant, having the care of any property within the corporate limits of the City, who fails to comply with the notice referred to in division (c) of this section within five days after the date of service or posting thereof is guilty of a fourth degree misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which such noncompliance occurs or continues.
(Ord. 6358. Passed 9-18-12.)