§ 99.11 TREE MAINTENANCE; OBSTRUCTIONS PROHIBITED.
   (A)   Any tree, bush or shrub projecting upon or over any public highway or public place shall be kept trimmed by the owner of the property on which said tree, bush or shrub is located to a minimum of nine feet from the natural ground level. No tree, bush or shrub on any private property shall obstruct the light of any public street lighting or obstruct the view of any traffic sign or signs erected by the city or any public governmental unit.
   (B)   If the Director of Public Works determines that any tree, bush or shrub is a danger to the public health, safety or welfare, the Director shall notify the owner of the private property upon which said tree, bush or shrub is growing, by personal service or certified mail at the owner's last address, as shown in the record of the City Assessor, notifying said owner to trim, treat, prune or remove such tree, bush or shrub.
   (C)   If an owner of any private property so notified concerning the trimming or removal of any tree, bush or shrub has not removed, trimmed or treated the same within 15 days after mailing of the aforesaid notice, or does not have an appeal pending, the Director of Public Works is authorized or remove, treat to trim the same and to charge the owner for the cost thereof.
   (D)   Any owner receiving a notice under division (B) above, shall have the right to appeal the determination of the Director of Public Works by submitting a written request for hearing to the Commission within ten days of receipt of the notice. The request for hearing shall be directed to the Commission, at City of Mount Pleasant, City Hall, Mount Pleasant, MI 48858. The request for hearing shall stay the actions of the Director of Public Works until real determination by the Commission. The Commission shall notify the owner, in writing, by personal service or certified mail, at least seven days prior to the regularly scheduled meeting of the Commission of when the public hearing shall be held, The owner may appear before the Commission personally, by agents or may submit his/her objection to the actions of the Director of Public Works in writing. The Commission may confirm, amend or reverse the instructions of the Director of Public Works and shall determine the date for compliance by the owner, with 15 days after the date of the public hearing. The Commission shall transmit in writing the finding of fact and report of its action to the Director of Public Works and the owner.
   (E)   When the Division of Public Works has removed, trimmed or treated any offending tree, bush or shrub on private property, or has paid for such trimming, treating or removal, the owner shall be charged the actual cost of said removal plus accrued interest at the rate of 1% per month from the date of completion of said work. If the same is not paid by the owner of the private property on which the tree, bush or shrub is located, the same shall be charged to the owner by the city, and said charge shall be due and payable at the time of payment of such tax bill.
   (F)   Where the full amount due the city is not paid by such owner within 60 days after the trimming, pruning, treatment or removal of such prohibited growth, as set forth in divisions (C) and (E), above, then, the Director of Public Works shall cause to be recorded in the Treasurer's Office of the city a sworn statement showing the cost and expense incurred for the work and the date, place or property on which said work was done. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for the collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provision hereof, shall be notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property described in the statement and that the same is due.
(Ord. 545, passed 3-6-78) Penalty, see § 99.99