Each person on whom a notice of removal is served shall, within the forty-five day period set forth in Section 1026.06, cause such tree to be removed or give written consent to the Manager to effect its removal, or take such other steps to terminate such dangerous or objectionable condition and to prevent the recurrence thereof, with the approval of the Manager. Upon failure of such person to remove or give written consent to the removal of the tree, or to take such other corrective action, he or she shall be deemed guilty of a violation of the provisions of this section and the tree shall be deemed to constitute a public nuisance. No penalty shall be imposed for such violation if, within thirty days after conviction thereof, or during the pendency of an appeal of such conviction, such person removes the tree or consents in writing to its removal. Otherwise, he or she shall be subject to the penalty provided in this chapter. Following such thirty-day period, the Manager shall cause such tree to be removed or other corrective action to be taken. The personnel engaged in such removal or corrective action shall not be deemed guilty of a trespass or other violation of property rights in effecting such removal or other action.
(Ord. 91-72. Passed 10-1-91.)