(a) Upon information that any diseased, unhealthy, dead, noxious or fallen trees are growing or laying upon any lot or parcel of land within the Village, the Director of Public Service may cause written notice to be served upon the owner, lessee, agent, tenant or other person having charge of such lot or parcel of land, notifying him that such diseased, unhealthy, dead or noxious trees must be cut and destroyed or removed from the lot or parcel of land within thirty days after receipt of such notice, which may be sent by certified mail or personally served by the Chief of Police or other member of the Police Department. If the address of such owner or person in charge is unknown, the notice shall be published once in a newspaper of general circulation within the Village.
(b) If the owner or person in charge may appeal the order of the Director of Public Service to the Mayor at any time before the day set for compliance herein by serving notice of appeal upon the Mayor or Clerk-Treasurer, or at the office of either, before the day set for compliance. The Mayor shall hear the appeal before the expiration of the period for compliance, or as soon thereafter as is practical, and shall affirm, reverse or modify the order of the Director of Public Service consistent with the preservation of health and safety, and considering the rights of affected parties, as justice shall require. The decision of the Mayor on appeal shall be final.
(c) If the owner or other person in charge of such lot or parcel of land fails to comply with the notice or the decision of the Mayor, as applicable, he shall be subject to the penalty provided in Section 543.99; in addition the Village may cause the trees to be cut and removed or otherwise destroyed, and may employ the necessary labor to perform such work or cause it to be done by Village employees.
(d) All expenses so incurred by the Village and the cost of such notice shall be reported to the Clerk-Treasurer, who shall mail a statement thereof to the owner of the land, if his address is known. If this address is unknown, the statement shall be mailed to the same address as that shown on the records of the County Treasurer for the mailing of tax bills for the premises. If, after thirty days, such amount remains unpaid, the Clerk-Treasurer shall certify the total amount of the expense, the name of the owner of the land, and a sufficient description of the premises to the County Auditor, to be entered upon the tax duplicate, to be a lien upon the land from the date of entry, to be collected as other taxes and assessments and returned to the Village with the General Fund.
(Ord. 128-2001. Passed 11-19-01.)