When the City Manager's designee shall find it necessary to order the trimming, treatment or removal of street plants as authorized in Section 907.03, or to order the trimming, treatment or removal of plants other than street plants as authorized in Section 907.04, he shall serve a written order to correct the situation upon the owner, operator, occupant or other person responsible for the street plant or plants involved.
(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 last known address of the owner of the premises, by certified mail.
(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 Manager's designee 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 shall have the right, within two working days from the date of the service of such order, to appeal, in person or by first class mail, to the City Manager, who shall review such order within three working days from the date of such appeal, and file his decision thereon. Except in cases of extreme danger to persons or public property, the operation of such order shall be suspended during the time period that the City Manager is considering the appeal. The City Manager, in his discretion, may revoke, reverse, modify or affirm such order, with or without an extension of time for compliance of the same. Unless the order is revoked, reversed, modified or affirmed with an extension of time for compliance, the order shall remain in full force and effect and be obeyed by the person to whom directed within the time for compliance required by the order.
(d) Failure to Comply. When a person to whom an order is directed shall fail to comply within the time specified in the order, or appeal decision, the City Manager's designee shall cause to be issued a complaint and warrant against the person to whom the order was directed, in compliance with the provisions of Article 171 of the Administrative Code. In addition, or in the alternative, the City Manager's designee may remedy the condition or contract with others for such purpose and charge the cost thereof, together with a ten dollar ($10.00) administrative service charge, to the person to whom the order is directed. The person remedying a condition under a contract made hereunder shall be authorized to enter property for that purpose.
(e) Special Assessment. If the cost of remedying a condition is not paid within thirty days after receipt of a statement therefor from the City Manager's designee, such cost shall be levied against the property upon which the condition or hazard exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine or imprisonment as herein provided. Such special assessment shall be certified by the City Manager to the City Administration and shall thereupon become a lien upon such property, shall be included in the next fire service charge bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other fire service charges against such property.
(6-14-82)