(A) All trees, or any parts of trees, which are in a diseased, dying, dead or structurally weakened condition are declared to be a public nuisance and shall be removed by the property owner from the private property on which they are located. For the purpose of carrying out the provisions of this section, the Tree Board shall have the authority to enter on private property to inspect the trees thereon. Unless an immediate danger is suspected to exist, the city shall provide 24-hour advanced reasonable notice of entry to the property owner or resident. In the event that the trees are diseased, dying, dead or structurally weakened, notice shall be given to the owner of the property by mail or personal service. Such notice shall allow the owner 60 days to remove the tree or trees unless an immediate threat to public safety is identified, in which case a shorter period of time for compliance may be demanded.
(B) In the event that the owner is a nonresident, notice shall be made by publication in a newspaper of general circulation or by certified mail if the name and address are known. The person charged with the removal may enter into an agreement with the city that such work be accomplished by the city, or city contractor, and the expense shall be declared to be a lien upon such property from the time the same becomes due until paid. If the owner fails, neglects or refuses to enter into such an agreement or to remove the trees, the Tree Board may enter upon the property and proceed to direct the removal of the trees; the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the city after being properly billed, the costs shall be assessed against the property and certified by the City Clerk to the County Treasurer to be collected in the manner prescribed by law.
(C) In the event the property owner is a nonresident of the county in which the property lies, before levying any special assessment against that property the city shall send to the last known address of the nonresident property owner, by certified mail, return receipt requested, a copy of any notice required by law to be published. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Ord. 790, passed 5-9-2023)