905.08 PROCEDURE UPON ORDER TO PRESERVE OR REMOVE.

   When the Safety-Service Director shall find it necessary to order the pruning, preservation or removal of trees or plants upon private property pursuant to the conditions set forth in Section 905.04 (b)(2) herein, he shall serve a written order to correct the dangerous condition upon the owner, occupant or other person responsible for its existence.

   (a)   Method of Service. The order 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 the last known address of the owner of the premises by First Class mail.

      (5)   By publishing a copy of the order in the local paper once a week for three consecutive weeks.

   (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 person or public property, the Safety-Service Director 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 twenty-four hours of service of such order, to appeal to the Safety-Service Director, who shall review such order within five working days and file a decision thereon. If the person wishes to appeal that decision, an appeal in writing shall be filed with the Shade Tree Commission within five working days beginning the day the individual is notified of the decision of the Safety-Service Director. The Street Tree Commission shall issue their decision within thirty days of the date they received the appeal. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. A person to whom such order is directed must comply with said order within twenty working days after an appeal shall have been determined. When a person to whom an order is directed fails to comply within the specified time period, the Safety-Service Director may take such steps as he finds necessary to remedy the condition.
(Ord. 32-94. Passed 5-16-94.)