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(A) The Zoning Administrator or his or her designee shall have the authority to administer the provisions of this section. The Zoning Administrator or his or her designee may, upon consent of the owner, enter upon private lands for inspection of trees. In the absence of this consent, the Zoning Administrator or his or her designee shall seek authority from the courts, except in the event that a condition of extreme danger is known to exist, and there is reasonable cause to believe that delay would impose a serious imminent danger or hazard to person, property or other vegetation.
(B) Upon finding that any tree or part thereof constitutes a nuisance or is found to be diseased or infested with insects, and an immediate danger exists, the Zoning Administrator or his or her designee shall notify the property owner or occupant in writing, describing the condition, stating the actions necessary for correction and setting forth the time period in which the corrective action must be taken, based on the urgency thereof in the sole discretion of the Zoning Administrator or his or her designee.
(C) The method of service shall be in one or more of the following ways:
(1) By personal delivery of the order to the person responsible; or
(2) By mailing the order by registered mail to the last known address of the owner of the premises.
(D) In the event that the responsible party or parties fail to comply within the time limits as above set forth, the Zoning Administrator or his or her designee, at the owner's expense, shall cause the removal of the tree(s) or parts thereof, and treatment thereof as may be necessary, including to prune or remove any or all of a diseased tree. All expenses incurred, including labor, equipment, materials and reasonable attorney fees shall become a recordable lien against the subject property.
(E) A tree shall be deemed a nuisance if it or any part of it:
(1) Appears dead, dangerous or likely to fall;
(2) Is not pruned to a height of 14 feet above a public easement or street to accommodate high profile vehicles;
(3) Is not pruned to a height of ten feet above the sidewalk;
(4) Obstructs a curb, gutter, street or sidewalk;
(5) Interferes with sewers or underground utilities;
(6) Is in dangerous proximity to interfere with public utilities;
(7) Interferes with a public improvement project in process; or
(8) Any diseased or infested tree which, after treatment, in the Zoning Administrator or his or her designee's sole opinion is deemed to be dead, dying or in a dangerous condition, unsafe or likely to cause damage.
(F) Any lien created pursuant to this section shall be enforceable pursuant to § 91.44 (assessments) and applicable state law.
(Res. 2714, passed 6-6-13; Ord. 831, passed 6-6-13)