§ 96.02  NOTICE TO ABATE; HEARING; CITY ACTION.
   (A)   Whenever the Shade Tree Commission, Director of Public Safety or Director of Public Service, as appropriate,  determines that any of the nuisances defined in § 96.01 exist, the Commission or Director shall cause its abatement by serving written notice upon the owner of the real estate, setting forth the nature of the nuisance, a reasonable time which shall not be less than five days nor more than 30 days (unless an extension of time is granted for good cause), within which time the owner shall abate the nuisance, and a statement that unless the nuisance is abated within the stated time, it shall be abated by the city and the cost of abatement charged and assessed against the real estate upon which the nuisance is located.  The written notice ordering abatement of the nuisance shall be served personally upon the owner, or by leaving it at the owner's usual place or residence, or by mailing it to the owner at his tax mailing address.
   (B)   The Shade Tree Commission, the Director of Public Safety or Director of Public Service, may authorize the Police Department to issue and serve such notice on its behalf. The abatement notice shall further provide that any owner, within three days after service of such notice, may, in writing, request a hearing before the Shade Tree Commission or Director of Public Safety who issued the notice to abate the tree nuisance, to show cause against the abatement order.  Upon receipt of such request, the Commission or Director of Public Safety shall hold a hearing prior to directing abatement of the nuisance.
   (C)   If the nuisance is not abated within the required time, the Shade Tree Commission or Director of Public Safety shall direct the Director of Public Service to, or the Director of Public Service may in the Director's discretion, cause its abatement forthwith.  The Director of Public Service shall report the cost of abatement to Council, which may assess the same, or any part thereof, together with interest, upon the real estate on which the nuisance existed.
(‘65 Code, § 909.02)  (Ord. 53-75, passed 8-19-75; Am. Ord. 06-084, passed 9-5-06)