155.06 NUISANCE.
(a) Tree Nuisance. A property owner's failure to care and maintain the trees on their property as described in this chapter, and as described in Section 921.02 of the Codified Ordinances, shall constitute a Tree Nuisance, and shall constitute a nuisance per se pursuant to Section 921.02 of the Codified Ordinances and Section 1749.01 of the Codified Ordinances.
(b) City's General Right to Remove Nuisance: Should the property owner fail to keep and maintain trees as required in this chapter, or as described in Chapter 921 of the Codified Ordinances, and in the interest of the health, safety and welfare of the citizens, and the betterment of the City, the Deputy Director of Public Works or his/her designee has the authority to order and enter the premises to abate the nuisance the trimming or removal of trees upon private property when such action in necessary to ensure the safety of any public right-ow-way.
(d) Emergency Removal: The Deputy Director of Public Works shall have authority to order the trimming or removal of Nuisance Trees upon private property when such actions is necessary to ensure the safety of any public right-of-way. Said order shall be issued in writing and sent via U.S. regular mail to the last known address of the violation, or the address as contained in the Rental Property Registry when said property is registered as a rental property, and further shall be posted on the property. Said posting shall be prepared in twelve (12) point type and prominently posted on or near the property. The order to abate the nuisance shall provide ten (10) days' notice to abate the Tree Nuisance or the City shall cause the work to be performed.
(f) Cost of Removal of Tree Nuisance: Generally, the costs of removal or abatement of a public nuisance described in this Section and Section 1749.01 of the Codified Ordinances, shall become the personal obligation of the owner of the property from which such public nuisance has been removed or abated by the City or its contractors. Such cost shall be the total cost of removal or abatement, at a minimum service charge of one hundred fifty dollars ($150.00) per occurrence. When the property owner owns two (2) or more contiguous parcels of land, such cost shall be the total cost of removal or abatement, at a minimum service charge of one hundred fifty dollars ($150.00) per occurrence, for the first parcel of land. For each contiguous parcel of land, such cost shall be the total cost of removal or abatement, at a minimum service charge of one hundred dollars ($100.00) per occurrence.
(g) Collections: The City of Youngstown may collect the costs or charges for such removal or abatement from the property owners. At any time after such costs are incurred, subject to limitations as provided by law, the City of Youngstown or a duly retained agent or attorney at law shall send a letter attempting to collect such costs to the property owner at the property owner's last known address, via regular U.S. mail. If the property owner fails to pay within thirty (30) days of the date of the letter, then the City of Youngstown or a duly retained agent or attorney at law may collect the cost or charges from the property owners by any of the following methods:
(1) The City of Youngstown may certify the total costs, together with a proper description of the lands, to the County Auditor who shall place the costs upon the tax list and duplicate. The costs are a lien upon such lands from and after the date the costs were incurred. The costs shall be collected as other taxes and returned to the City of Youngstown. The placement of the costs on the tax list and duplicate relates back to, and is effective in priority, as of the date the costs were incurred, provided that the City of Youngstown or it's duly retained agent or attorney at law certifies the total costs within one year from the date the costs were incurred. Such certification shall not, however, preclude other methods of recovery of such cost as may be authorized generally by law; and/or the City of Youngstown or a duly retained agent or attorney at law may commence a civil action to recover the total costs from the owner.
(h) Strict Liability. This chapter is intended by City Council as a strict liability offense as a necessary control of a nuisance that threatens the health, safety and welfare of the general public and the safety and pleasantness of streets, sidewalks and yards in all areas of the City and lack of knowledge or intent is not a defense to a violation hereof.
(i) Penalty. Whoever violates any provision of this chapter shall be guilty of a third degree misdemeanor. A separate offense shall be deemed committed on each day such violation occurs or continues.
(j) Appeal. All charges assessed pursuant to this Section may be appealed to the City of Youngstown Special Assessments Board within thirty (30) days of receipt of notice of the charges assessed.
(Ord. 22-143. Passed 6-1-22.)