1028.05  AUTHORITY OF DIRECTOR TO TRIM OR REMOVE.
   (a)   The Director of Public Service is hereby authorized to remove or trim or cause to be removed or trimmed any tree, shrub or other plantings located upon or above a public place when such removal will be beneficial to the public health or safety or for public improvements.
   (b)   When in the opinion of the Director of Public Service or his or her designee, such tree, shrub or other plantings constitutes an immediate threat to public health or safety, the Director of Public Service or his or her designee is hereby authorized to immediately remove or trim or cause to be removed or trimmed the offending tree, shrub or other plantings without prior notification of the property owner. A door hanging tag shall be left on the main entry door of the premises where the immediate work has been done, if accessible. If it is determined the property owner is not the occupant of the home, a separate letter stating the nature of the work performed at no expense to the property owner shall be mailed to the property owner at his or her home address.
   (c)   When in the opinion of the Director of Public Service or his or her designee such tree, shrub or other plantings does not constitute an immediate threat to public health or safety, the Director of Public Service or his or her designee is hereby authorized to advise the occupant(s) of the property on which the offending tree, shrub or other plantings is located, of the need to remove or trim by placing a door hanging tag on the main entry door of the premises, if accessible. The Director of Public Service or his or her designee shall then follow up within five working days by mail notification to the property owner of the requirement for trimming or removal and the reason for such request. The property owner shall be permitted fifteen calendar days from the date of the mailed notification to comply with the requirement for trimming or removal. Should the property owner fail to comply by the end of the fifteenth (15th) calendar day, the Director of Public Service or his or her designee shall cause such work to be performed by either City of Newark personnel or by a professional service. The property owner shall be billed by the Director of Public Service, at a rate to be determined and published yearly in conjunction with Section 1028.02(a) public notification requirements.
   (d)   Collection methods for failure to pay any billed charges shall be governed under the laws set forth in the ORC.
   (e)   The Director of Public Service may, at his or her discretion, waive the requirements of 1028.05(b) and 1028.05(c) in the event the proper authorities declare a public emergency or state of emergency. In the event such an emergency is declared, the City of Newark may elect to absorb the cost of trimming or removal.
   (f)   If a property owner who has been notified by the manner prescribed in subsection (c) hereof objects to Traffic Control's determination that a tree, shrub or other planting located on their property constitutes a public health or public safety hazard, the property owner may appeal Traffic Control's determination to the Property Maintenance Review Committee. The property owner shall provide written notice of their appeal by mail, facsimile, hand-delivery or email to the Department of Public Service no later than the fifteenth calendar day after the date of the Department of Public Service's mailed notification sent pursuant to subsection (c) hereof. The notice of appeal shall clearly state the property owner's objection(s) to Traffic Control's determination.  Failure to provide the written notice of appeal by the fifteenth calendar day waives property owner's right to appeal Traffic Control's determination. Timely received appeals shall be assigned a hearing date within thirty calendar days of the Department of Public Service's receipt of said notice. In its discretion, the Property Maintenance Review Committee may schedule a hearing date more than thirty calendar days after the Department of Public Service's receipt of the written notice of appeal. After considering the appeal and hearing applicable testimony, the Property Maintenance Review Committee shall issue an order upholding, modifying or reversing Traffic Control's determination. The Property Maintenance Review Committee's order shall be made in writing within fifteen calendar days following the hearing. The Property Maintenance Review Committee's decision shall be considered a final determination of the matter. This appeals procedure does not apply to tree trimmings or removals conducted to correct conditions posing an immediate threat to public health or public safety pursuant to subsection (b) hereof.
(Ord. 74-40. Passed 6-3-74; Ord. 06-53.  Passed 10-2-06; Ord. 07-17.  Passed 4-16-07.)