9.10.030 - Abatement.
A. As an additional means of enforcing this chapter, and regardless of whether or not any person is convicted of a misdemeanor for the violation of this chapter, the inspector is authorized to notify the owner of the existence of mulberry trees in violation of this chapter, and that the mulberry trees must be removed within ten days after receipt of such notice. Such notice shall state further that if the condition is not corrected within ten days from the service of such notice, the city may, without further notice, abate the violation by removing the trees and charge the cost of expense incurred in doing such work to the owner of such property, and fix a lien thereon as provided by this ordinance.
B. Such notice shall be in writing and be delivered in person or sent by certified mail with return receipt requested to the owner, or to any one or more of the owners if the land be owned jointly or in common, or to any agency having authority to lease, rent, sell, manage or take care of the land. If, after reasonably diligent efforts, the person to be so notified cannot be found, notice shall be given by publication in a newspaper of general circulation two times within ten consecutive days.
C. The person given such notice, or any person having an interest in the property, shall, if he so requests within ten days of receipt of the notice, be given a hearing before the director of the department of environmental services, or designee to show cause, if there be any, why the order should not be enforced.
D. If the owner or agent fails to remove the mulberry trees within ten days after receipt of notice, or within ten days after constructive service of notice the director of the department of environmental services, or designee shall arrange to have the trees removed by any satisfactory means and assess the cost of such removal against the property owner. Notice, service of which shall be as provided for in subsection B of this section, stating the cost to the city or other person or entity to clean the property, including labor costs, administrative costs of inspection and reinspection, transportation expenses and a reasonable allowance for use of equipment and materials, shall be sent in writing to the owner by the director of the department of environmental services, or designee or the city comptroller. The notice shall request payment to the city within sixty days of receipt by the owner, and the mayor and council shall be requested to pass a resolution declaring the cost to clean, plus the cost of recording the resolution, to be a lien on the property payable within ten days after adoption of the resolution, and thereafter bearing ten percent interest per annum until the debt is paid.
E. The city council may by resolution determine the actual cost of cleaning the property and abating the public nuisance, and declare the amount, plus the cost of recording the resolution, to be a lien on the property, payable within ten days after adoption of the resolution, and thereafter bearing ten percent interest per annum until paid. A copy of the resolution, authenticated by the acknowledgement of the city clerk, shall be filed for record in the office of the county clerk. The city tax assessor and collector also shall send a bill for the amount with all tax bills on the property until the debt is paid.
(Ord. 16812 §§ 7 (part), 8 (part), 2007; Ord. 10519 (part), 1991)
