§ 235-12. Notice to remove or burn; costs.

A. 

Notice requirements. If trees on private property are found to be infected with any of the diseases described in § 235-10, the Director of Public Works shall give to the owner of the premises whereon such trees are situated written notice of the existence of such disease and shall require the removal and burning of such trees within 10 days following receipt of such notice. Such removal and burning shall be under the direction and supervision of the Director. Such notice shall also state that unless such tree is removed and burned in compliance with this section within such ten-day period, the City will proceed with the removal and burning of such tree and will assess the cost thereof against the property in accordance with the City Charter.

B. 

Service of notice. Such notice shall be personally served if the owner of such premises is a resident of the City. If the owner is a nonresident, such notice shall be served by registered mail, addressed to such owner at his or her last known address as shown on the records in the office of the City Assessor, and by publication at least once in a newspaper of general circulation in the City.

C. 

Appeals. Where the owner, agent or occupant of the property shall feel himself or herself aggrieved at an order of the Director, he or she may, within 48 hours, make an appeal to Council by a communication filed with the City Clerk. Council shall hear such appeal at its next regular meeting, unless another time shall be set, and shall determine the matter under such expert advice as may be necessary.

D. 

Private trees; failure of owner to comply with notice. Where the owner, agent or occupant of the property refuses to carry out the order of the Director within the time stipulated, or in case of an appeal, within five days after Council shall have affirmed such order, the Director shall carry out the pruning, spraying or destruction of the trees as deemed necessary by him or her and shall bill the owner, agent or occupant of the property for the cost thereof. Where the owner of such property shall fail to pay such bill within 60 days after the same has been rendered, the Director shall report the same to Council for collection as a single lot assessment against said property in accordance with the City Charter. The Director 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 growing on private property to be sprayed when he or she deems the same necessary on account of any infestation or disease or threat thereof.