§ 12.32.140. Director's power to determine hazard.

The director may inspect any tree, shrub, or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city or any tree, shrub or plant standing on any private property to determine whether the same or any portion thereof is in such condition as to constitute a hazard or an impediment to the progress of vision of anyone traveling on any street, park, pleasure ground, boulevard, alley or public place. If in the opinion of the director any such tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of the public on any such street, park, pleasure ground, boulevard, alley or public place he may cause the same or such part or parts thereof as are hazardous or impediment to be trimmed or removed so as to remedy such condition. However, no such tree, shrub or plant standing on any private property shall be cut down or removed unless ten days' notice in writing of this intention is given by the director to the owner, occupant or agent of the property upon which described condition exists.

A.

If the owner of trees on private property does not comply with the provisions of this chapter within twenty days of notification, the city may proceed to have tree maintenance or removal performed to insure compliance with this chapter. Expense shall be charged and paid for by such owner or occupant, together with an administrative cost equal to ten percent of the total cost of maintenance performed.

B.

If, after thirty days from the mailing of the notice referred to, the person for whom the maintenance was performed refuses or neglects to pay into the treasury of the city the cost of the work, then the city finance director shall file and record the same as an assessment against the property, lot, land, or parcel thereof. The lien shall become delinquent upon the date of recording and an additional charge of twenty-five percent added to the total cost including contract and administrative cost. From and after recording of cost of the work, all persons interested in the property shall be deemed to have had notice of the contents of the record; provided, however, that failure of the finance director to record such lien claim or to mail such notice, or the failure of the person or corporation who is the owner or occupant of the premises to receive such a notice shall not affect the right to foreclose the lien for such charges as provided in subsection C of this section.

C.

Property subject to a lien for the foregoing shall be sold for nonpayment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs as is the case in the foreclosure of statutory liens. Such foreclosures shall be in equity in the name of the city.

D.

The city attorney is authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matter against any property for which such bill has remained unpaid sixty days after it has been rendered.

(Ord. 845 §1, 1986; Ord. 539 §2 (part), 1969).