When the Street Tree Director finds it necessary to order the pruning, preservation or removal of trees or plants upon private property as authorized in Section 905.03(b)(2), he shall serve a written order to correct the dangerous condition upon the owner, operator, 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 registered 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 persons or public property, the 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 Mayor, who shall review such order within ten days and file his decision thereon. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom it is directed. A person to whom such order is directed shall comply with such order within thirty days after an appeal is determined. When a person to whom an order is directed fails to comply within the specified time period, the Director may take such steps as he finds necessary to remedy the condition.
(d) Special Assessment. If the cost of remedying a condition is not paid within thirty days after receipt of a statement therefor from the Street Tree Director, such cost shall be levied against the property upon which such hazard exists as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as provided in Section 905.99. Such special assessment shall be collected with a forfeiture of five percent (5%) and interest for failure to pay at the time fixed by the assessing ordinance.
(11-10-80)