§ 12.24.06. Hazardous trees.

A.

Every owner of any tree overhanging a street or sidewalk within the city is responsible for pruning the branches so that such branches shall not obstruct vehicles or pedestrians. Provided further, that all property owners within the city are hereby required to cause the removal of any obvious dead or diseased trees on their property whenever such trees constitute a hazard to life and property, or harbors insects or disease which constitute a potential threat to other trees.

B.

If the owner or owners of any lot or other real property within the city, after the giving of thirty (30) days' notice in writing by the parks commission or their designated representative, shall refuse to neglect to perform the duties in connection with his or their property as specified in subsection A. hereof, the parks commission is hereby authorized to enter upon the property and have said tree and/or branches cut and removed; and the cost thereof shall be charged against said premises and shall constitute a lien thereon.

C.

In case the owner of any lot or other real property is unknown or his whereabouts is not known or is a non-resident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and, before any action to enforce such lien shall be had, the city clerk shall make an affidavit setting out the facts as to the unknown address or whereabouts of no-residents; and, thereupon, service of the publication as now provided for by law against a non-resident defendant may be had, and an attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last-known place of residence if same can be found.

D.

The lien herein provided for may be enforced and collected in either one of the following manners:

1.

The lien may be enforced at any time within eighteen (18) months after work has been done by an action in the circuit court, or

2.

The amount of the lien herein provided may be determined at a hearing before the city council held after thirty (30) days' written notice by certified mail to the owner of owners of the property if the name and whereabouts of the owner or owners are known, and if the name of the owner or owners cannot be determined, then after publication of the notice of such hearing in a newspaper having a bone fide circulation in the county for one insertion per week for four consecutive weeks and the amount so determined at said hearing, plus ten (10) percent penalty for collection, shall be certified by the city council to the county tax collector and by him/her placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three-percent thereof, when so collected, shall be paid to the city.

E.

Notwithstanding any provision herein to the contrary, in cases of extreme emergency where notice is not practical, the city and its authorized agents may enter upon any real property and take such action or actions as may be immediately necessary for the preservation of the public health, safety and welfare prior to the issuance of notice as provided for herein. Provided, further, that the procedural requirements of this section shall be adhered to following such emergency action.

( Ord. No. 2003-22, § 6 )