The city shall notify in writing the owners of property, or if known, the designated agent/property manager of property upon which there is a tree or trees which are deemed through inspection by an authorized city staff member to be a public nuisance pursuant to section 12.28.110 of this chapter. The written notice shall include the property address, a description of the violation, the corrective action the owners must undertake to abate the nuisance, and the name, address and phone number of the city staff member to contact in regard to the violation. Owners shall abate the nuisance at their own expense within thirty (30) days of the date of service of notice. Failure of the city to give a notice shall not relieve the owners from the obligation to abate said nuisance. The notice shall also include information on the owners' right to make written request for a preabatement hearing before the P&R director, or his designee.
If the property owner elects to request a formal hearing, such request must be made in writing and be delivered by five o'clock (5:00) P.M. at least one day prior to the proposed abatement date to the city staff member named in the written notice, giving notice of the property owner's intent to appeal. Upon timely receipt of a request for a formal hearing, the P&R director, or his designee, shall provide written notice to the requesting party, which notice shall state the date, time, and place of the hearing. The hearing shall be scheduled no sooner than five (5) business days and no later than ten (10) business days after the city's receipt of the request. The P&R director, or his designee, shall make a record of the preabatement hearing and shall, within ten (10) business days of the hearing, render a written decision with supporting reasons which shall be sent to the property owner by U.S. certified mail, return receipt requested. The property owner may appeal any decision of the P&R director to the city council of the city of Pocatello. The appeal to the city council must be filed with the city clerk within ten (10) calendar days of the property owner's receipt of the P&R director's written decision. If such a request for an appeal is submitted, the city council shall hear the appeal at its next available regularly scheduled meeting, and the city clerk shall notify the appellant as to the date and time of the meeting. At the meeting, the council will consider whether the requirements stated in the original notice of abatement should be modified, withdrawn, or enforced as written, and shall specify a deadline for any corrective action they deem necessary. (Ord. 2877 § 5, 2009)