(A) If a laboratory analysis of specimens removed from any elm tree by the department head of buildings and grounds or any duly authorized representative of the city, determines that the tree is a public nuisance as provided in § 96.35 hereof, or if the department head of buildings and grounds or any duly authorized representative of the city determines that any dead or substantially dead elm tree or dead elmwood is a public nuisance as provided herein, the department head of buildings and grounds or any duly authorized representative of the city shall serve or cause to be served upon the person that is the owner of the lot or parcel of land on which the tree or dead elmwood is located, a written notice requiring the owner to comply with the provisions of this subchapter. If the person upon whom notice is served fails, neglects, or refuses to remove, destroy, and properly dispose of the elm tree or dead elmwood within 30 days after service of notice, the department head of buildings and grounds or any duly authorized representative of the city may proceed to remove and dispose of the tree or dead elmwood and assess the cost thereof against the owner of the lot or parcel of land, and the amount of the cost shall be paid by the owner to the city.
(B) Service of notice provided for herein shall be first by certified mail, addressed to the owner at his last known address. Upon proof of unsuccessful mail delivery, notice shall be served personally by duly authorized representatives of the city. Upon unsuccessful personal service, there shall be one publication in a newspaper of general circulation in the city.
(C) If the city removes from any lot or parcel of land, pursuant to this subchapter, any infected elm tree which is a public nuisance or any dead or substantially dead elm tree or dead elmwood which is a public nuisance, the assessment of the cost of the work done by the city against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed herein for any violation of noncompliance with any provision of this subchapter.
(Ord. 0-30-82, passed 10-5-82) Penalty, see § 96.99