(a) No person shall plant any shade tree or ornamental shrubbery in or along any public right of way unless the type or species thereof and the place where the same is to be planted have been approved and designated by the Urban Forestry Commission. Any shade tree or ornamental shrubbery planted without this approval or designation may be forthwith removed by the City by written directive of the Commission.
(b) The removal provided for in subsection (a) hereof shall be accomplished at the expense of the owner of the property abutting the public right of way wherein the unlawful planting was made, provided the planting was made by the owner or with his consent, express or implied. Upon failure of the owner to pay the costs, after due demand and billing the same shall be certified to the County Auditor for placement on the owner's tax duplicate, to be collected as other taxes are collected. The remedy provided for herein shall be in addition to the penalty provided in Section 913.99.
(c) If the unlawful planting was made by someone other than the abutting property owner and without the owner's express or implied consent, then the removal provided for in subsection (a) hereof shall be accomplished at the expense of the other person, the same to be collected in a civil action if the person refuses or otherwise fails to pay the costs to the City. The remedy shall be in addition to the penalty provided in Section 913.99.
(1979 Code 97.26)