(A) If any branches shall not have been pruned or any tree not removed as provided in § 20-7-23 of this article, the City Manager, or his or her designee, may, in the exercise of the discretion conferred in this article, give written notice to abate and remove such nuisance within the time specified in the notice, which time shall not be less than 30 days after receipt of the notice.
(B) The notice referred to in this section shall be given by personal service or by certified mail. It shall be given to each owner of the property on which are situated the trees or branches in question, or property which abuts the sidewalk or other street or alley area on which are situated such branches or trees. In the alternative, such notice may be given to such owner’s duly authorized agent. Such notice shall also be given to the occupant, if any. If the City Manager or his or her designee, after diligent investigation and inquiry, is unable to ascertain the name, residence, or address of a person, or other entity who is entitled to the notice described in this section, the City Manager, or his or her designee, shall cause to be published a notice addressed to “all persons having or claiming to have an interest in”, followed by a legal description of the lot or tract. If publication of notice is required, the City Clerk shall also cause a copy of the notice to be posted on the tree or trees to which the notice relates.
(C) The notice referred to in this section shall inform the recipient that he or she may request a hearing before the City Council by delivering a written request for such hearing to the City Clerk not later than ten days after receipt of the notice or after the publication described in this section.
(D) If a hearing is requested in the manner described in this section, the City Council shall proceed to hear the matter at the soonest convenient time. At such hearing, the City Council may order the nuisance abated and removed within such time as the City Council shall determine.
(E) Within 30 days after receipt of such notice or after the publication described in this section, if no hearing has been requested or there has been a failure to comply with the order to abate or remove such nuisance, or if there has been a hearing and the owner or occupant fails to remove or abate the nuisance within the time specified by the City Council, the city may have such work done and may levy and assess all or any portion of the costs and expenses of the work as provided in this article.
(Ord. 3371, passed - -1994)