Sec. 14-65. - Violation and penalty.

(a)

First notice of violation. A notice by the city forester shall be issued stating the alleged violations by the property owner, advising the owner that these violations must be corrected. This notice shall:

(1)

Be in writing;

(2)

State the alleged violations applicable to this section;

(3)

Describe the property where the violations are alleged to exist or have been committed;

(4)

Provide a reasonable time, as stipulated by the city forester for the correction of any alleged violation, re-growth of improperly cut or trimmed trees/vegetation or the repurchase and replanting of trees that were destroyed;

(5)

Be served upon the owner, occupant, operator or agent of the property, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent;

(6)

Inform the person to whom it is directed of his/her rights to apply for a hearing before the city forester and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation;

(7)

After expiration of time granted the person served with the notice to seek a hearing, and a hearing was not requested, the notice may be recorded in the office of the recorder of deeds;

(8)

No notice shall be recorded if a hearing has been requested, received, and/or under appeal;

(9)

No notice and lien recorded shall be released until the violation has been abated and the penalty imposed has been paid.

(b)

Reinspection. After the appropriate time period, as stipulated by the city forester in the notice of violation, the property described in the notice of violation shall be reinspected. If upon reinspection the violations alleged are determined to have not been corrected, then a second notice of violation shall be issued.

If the owner of the property fails to purchase and replant the trees/vegetation which were improperly pruned without a permit or were destroyed, they will be assessed all relevant costs incurred by the city to purchase and plant new trees/vegetation whether performed by the parks division of the city or a privately hired contractor. These costs include, but are not limited to, tree costs, delivery costs, tree removal, site clearing and salary/labor.

(Rev. Ords. 1987, § 14-67; Ch. 442, § VII, 12-18-07)