(a) It shall be the duty of any person or persons owning real property bordering on any street upon which property there may be plants, trees or shrubs, to prune, or cause to be pruned, such plants, trees or shrubs in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks or pathways, obstruct visibility of traffic signs, obstruct visibility of or from any driveway, street, or alley intersection, or generally obstruct vehicular traffic.
(b) Should any person or persons owning real property bordering on any street fail to prune plants, trees, or shrubs as herein provided above, the City shall order such person or persons within fifteen (15) days after receipt of written notice, to so prune such plants, trees, or shrubs. The order shall be served by hand delivery to the property owner or by mailing a copy of the order to the last known address of the property owner by certified mail, return receipt requested.
(c) When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city, its employees, or agents to enter onto the property to prune such plants, trees, or shrubs and to bill to the property owner the actual cost of the work incurred by the city. In addition to paying the actual cost of the work, the property owner shall pay a penalty equal to fifty percent (50%) of the actual cost of the work.
(d) If the property owner fails to pay for the actual cost of the work and/or the penalty, city council may make a written return to the county auditor of its action with a statement of the charges of its services, the fees of the officers who made the service of the notice and return, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the city with the general fund.
(e) Notices of violations of this section shall be served by certified mail and/or by hand delivery to the property owner. (Ord. 19-91. Passed 9-9-19.)