(A) The Safety-Service Director may remove or cause or order to be removed, any trees or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, other public improvements.
(B) It is unlawful to retain or permit to stand, any tree(s) or shrub(s) designated dead, diseased or deemed a menace by condition to the health, safety and welfare of the people of Van Wert that pose a threat or possible damage to any sidewalk, street right-of-way, tree lawn or public property. The Safety-Service Director or his designee shall order removal of such tree or shrub identified as dead, diseased or a menace, by a letter sent certified mail, return receipt requested. A period of no more than 15 days from receipts of certified letter shall be permitted to affect such removal. Should the certified letter be return unclaimed, the city shall send a letter via regular mail to the owners last known address, and the owner shall have 15 days from the date of mailing to affect such removal. Should the property owner fail to comply within the specified time, it shall be lawful for the city, its employees, or agents to enter on to the property to remove such trees or shrubs, and to bill the property owner as provided by law in the case of special assessments. Such total costs of the work done shall be certified to the County Auditor to be assessed against the premises upon which the labor was performed and collected as other taxes are collected.
(C) The person to whom an order is directed may appeal the order of the Safety-Service Director or his designee by notifying the Safety-Service Director of such an appeal within the 15 days after receipt of written notice. The Safety-Service Director or his designee will delay enforcement of the order until such time that the appeal may be presented to and decided by the Tree Commission.
(1981 Code, § 98.22) (Ord. 6755-96, passed 2-10-1997)