§ 26-70. Private trees—Owner's failure to comply.

(a)

In case the owner, agent or occupant of the property refuses to carry out the order of the director of public works within the time prescribed, or in case of an appeal, within five (5) days after the city manager shall have affirmed such order, the director of public works shall carry out the removal, trimming, pruning, grinding, spraying or destruction of the tree or tree stump as deemed necessary and shall charge the owner, agent or occupant of the property for the cost thereof. An invoice for the fees or charges will be submitted to the owner, agent, or occupant of the premises. If the invoiced charges are not paid within thirty (30) days of mailing of the invoice, the city may cause the cost reflected in the invoice to be assessed against the premises as a special assessment, and the city may institute an action against the owner, agent, or occupant for the collection of the costs in any court of competent jurisdiction. However, the city's attempt to collect such costs shall not invalidate or waive any lien filed against the property.

(b)

The director of public works may, without serving the above notice, when the owner or occupant of any private property shall consent thereto and pay the reasonable cost thereof, cause trees or tree stumps on private property to be sprayed, ground, pruned, trimmed, or removed when he deems the same necessary.

(c)

The director of public works may, without serving the above notice, immediately cause trees, shrubs, bushes, or tree stumps on private property to be sprayed, ground, pruned, trimmed, or removed when they pose an imminent danger or safety hazard and shall charge the owner, agent or occupant of the property for the cost thereof. An invoice for the fees or charges will be submitted to the owner, agent, or occupant of the premises. If the invoiced charges are not paid within thirty (30) days of mailing of the invoice, the city may cause the cost reflected in the invoice to be assessed against the premises as a special assessment, and the city may institute an action against the owner, agent, or occupant for the collection of the costs in any court of competent jurisdiction. However, the city's attempt to collect such costs shall not invalidate or waive any lien filed against the property.

(Ord. No. 2013-24, § 2, 11-26-13, eff. 12-26-13)