(a) The Service Director or his duly authorized agent may trim any tree existing on any public place so as to insure the safety or to preserve the semetry or the beauty of such public place and may remove any tree or any part thereof which is in an unsafe condition or which by reason of its location and nature is injurious to other public improvements or is infected with any injurious fungus, insect or other pest, which cannot otherwise be controlled.
(b) The Service Director or his duly authorized agent will make the final determination on the condition of any tree or plant material.
(c) Whenever the Service Director or his duly authorized agent determines that any tree located on private property has become infected with any parasite, insect, pest or fungus so as to threaten spreading to trees standing in any public place, or whenever the Service Director or his duly authorized agent determines that any tree on private property in the City because of decay or other conditions is apt to fall in whole or in part across any public property, he shall declare the same to be a public nuisance and cause written notice to be served upon the owner or occupant of such private property. The notice shall order the owner or occupant to spray or otherwise treat the tree or remove it in the manner and within the time provided in the written notice. If the order is not complied with, the Service Director or his duly authorized agent is authorized to enter upon such private property and to spray or otherwise treat or remove such tree or infected or dangerous parts thereof at the expense of the owner. The entire cost and expense of the work involved shall be a lien on the premises and billed and collected in the manner provided for in this chapter.
(d) When the Service Director or his duly authorized agent is required to give notice to the owner or occupant of any private property to perform any work as required by this chapter, the notice shall be in writing, shall state the particular the nuisance, the time in which the work shall be performed and shall contain a statement notifying the owner that if the work ordered by such notice is not done within the time specified in the notice, then the work will be done by the City at the expense of the owner, and that the entire cost thereof shall be a lien upon the private property whereon such tree stands. The notice shall also contain a statement that when the cost has been ascertained, the owner shall be billed therefore by the City and the amount of the bill shall be payable in cash to the Director of Finance within thirty days from presentation to such owner. Upon failure to pay the bill, the amount thereof together with a penalty of five percent (5%) shall be certified by the Director of Finance to the County Auditor to be collected with other taxes for the ensuing tax year.
(e) Notice shall be served personally or by certified mail to the last known address of the owner, occupant or other person having charge of such property. If the addresses are unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the City. (Ord. 2010-3. Passed 1-14-10.)