(a) No owner or occupant of any premises shall permit a tree to stand near a dwelling or structure on adjacent property which will endanger the dwelling or structure of the users or occupants of the adjacent property should all or part of the tree fall.
(b) The Service Director upon receipt of a complaint and/or upon lawful inspection of any premise shall cause the tree to be inspected by a professional arborist, who shall prepare and present to the Service Director, a basic tree risk assessment.
(Ord. 2017-116. Passed 12-5-17.)
(c) If the Service Director, after a review of the Arborist assessment and a visual inspection of the tree or trees, finds it necessary to order the trimming, preservation, or removal of trees or plants upon private property, as authorized in Section 943.03, a written order shall be served upon the owner, tenant, occupant or other person responsible for its existence to correct the dangerous condition. Any required removal of trees or plants shall be completed so that the remaining tree or plant remnant shall not exceed a maximum height of eighteen (18) inches above ground level, as measured from the tree or plant base.
(Ord. 2018-59. Passed 5-15-18.)
(1) Method of service. The order required herein shall be served in one of the following ways:
A. By personally serving a copy of the order to the occupant of the property, and if the owner is not the occupant, by personally serving the owner.
B. By affixing a copy of the order to the door at the entrance of the premises in violation, and mailing a copy of the order to the address as shown on the Lake County Tax Duplicate.
C. By mailing a copy of the order as shown on the Lake County Tax Duplicate to the last known address of the owner of the premises, by registered mail.
(2) Time for compliance. The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or public property, the Service Director shall have the authority to require compliance immediately upon service of the order.
(3) Appeal from order. A person to whom an order is directed, or his designee, shall have the right, within twenty-four hours of the service of such order, to appeal to the Mayor of the City. The Mayor, or his designee, shall review such order within seven days and file his decision. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within seven days after an appeal has been determined.
(4) Failure to comply. When a person to whom an order is directed fails to comply within the specified time, the Service Director shall remedy the condition or contract with others for such purpose and charge the cost thereof, including administrative costs, to the person or persons to whom the order is directed.
(5) The person or entity hired by the City to remedy the condition shall secure written permission of the owner to enter upon the premises to remedy the condition. If the owner refuses permission to enter, the person or entity shall take the necessary steps to secure permission from the Willoughby Municipal Court, or any court that has jurisdiction, to enter upon the premises.
(6) Special assessment. If the cost of remedying a condition, including the charge for the arborist’s services, is not paid within thirty (30) days after receipt of a statement from the Service Director, such cost shall be levied against the property upon which such hazard existed, as a special assessment. The Director of Finance shall certify such expenses and costs to the Auditor of Lake County with the request that such amount be entered upon the tax duplicate and become a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the City according to law. (Ord. 2017-116. Passed 12-5-17.)