§ 425.100. Protection or Removal of Trees On Public Property — Remedies.

The Building Commissioner may cause to be removed or may order the property owner to remove any trees, limbs or other item encroaching on or over public property or right-of-way. In the event that the Building Commissioner causes the encroachment to be removed after notice and failure of the property owner to voluntarily remove it, the Building Commissioner shall send the property owner a bill for the costs of such removal and the property owner shall be responsible for payment of such bill. If the amount is not paid within fourteen (14) days, the amount of the bill shall be charged to the owner of such property in a special tax bill. The special tax bill charged shall constitute a first (1st) lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus cost of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in a manner fixed by law for the collection of taxes and, further, shall be subject to a delinquency penalty of eight percent (8%) per annum if it is not paid in full on or before the date the special tax bill becomes delinquent. Any person damaging, cutting, defacing or injuring any tree, shrub or plant on any public property or right-of-way shall be responsible to pay for any remedial costs in addition to such penalties as may be imposed.

Ord. No. 2008-1576 §1, 5-20-2008