Part 5 — ENFORCEMENT AND ASSESSMENT

If the director determines that the condition of any tree, shrub, hedge, or landscaping constitutes a violation of any provision of this chapter, the director shall, by notice in writing, notify the owner of the property in violation to prune or remove the tree, shrub, hedge, or landscaping or take any other necessary corrective action to cure the violation.

(Ord. 29000.)

The notice of violation specified in Section 13.28.500 may be given by delivering a written notice personally to the property owner, or by mailing the notice, postage prepaid, to the property owner thereof at his or her last known address as the same appears on the last equalized assessment rolls of the county.

(Ord. 29000.)

A.

Any notice of violation issued by the director pursuant to Section 13.28.500 shall contain the following information:

The date of the inspection.

The address or a description of the property upon which such tree, shrub, hedge, or landscaping is located, or the property which fronts upon the street on which such tree, shrub, hedge, or landscaping is located.

A description of the violation.

A description of the corrective action required to address the violation.

A definitive time period to complete the corrective action.

(Ord. 29000.)

The notice of violation shall further specify that the property owner receiving such notice may file with the director his or her written objection to such notice and such written objection must be received by the director within seven calendar days of the notice. The written objection shall clearly outline the objection to the notice and the basis for such objection. The director shall duly review all timely written objections that comply with this section and provide the property owner with an opportunity to be heard, and will thereafter render a written decision within a reasonable amount of time to sustain, overrule, or amend the notice of violation. The written decision of the director shall be provided to the owner in the manner specified in Section 13.28.510, and such decision will be final.

(Ord. 29000.)

A.

If the corrective action required by notice is not completed within the time specified in the notice of violation, the city shall have the authority to perform this work or cause this work to be performed and the owner of the affected property shall be billed for the costs incurred. The property owner shall be responsible for all costs associated with the corrective action including costs of planting, removal or pruning of the tree, shrub, hedge, or landscaping, administration time and expense, late charges, and the handling of any lien placed on the property owner's property due to failure of the property owner to pay within the required period.

B.

After the city completes the corrective action as set forth in this section, the city shall mail an invoice to the property owner. The property owner shall remit full payment to the city on or before the date specified in the invoice.

C.

Any invoice not fully paid by the date specified on the invoice shall be deemed delinquent and the director shall initiate the assessment procedures set forth in this part.

(Ord. 29000.)

A.

In cases of imminently hazardous conditions, the director shall have the authority to perform or cause to be performed the corrective work to abate the imminently hazardous condition without observance of any notice requirements. The property containing a tree, shrub, hedge, or landscaping that poses an imminently hazardous condition or the property adjacent to or fronting on the subject street tree, shrub, hedge, or landscaping that poses an imminently hazardous condition may be assessed for the costs incurred in accordance with this part.

B.

The owner of a property containing a tree, shrub, hedge, or landscaping that poses an imminently hazardous condition or adjacent to or fronting on a street tree, shrub, hedge, or landscaping or a property containing a tree, shrub, hedge, or landscaping that poses an imminently hazardous condition for which the city takes corrective action shall pay any costs and expenses associated with the emergency services, including costs of removal of the tree, shrub, hedge, or landscaping, administration time and expense, late charges, and the handling of any lien placed on the property owner's property due to failure of the property owner to pay within the required period. The city shall send an invoice to the property owner setting forth the costs and expenses as described herein and the date specified for full payment to the city.

C.

If the property owner has failed to pay the invoice, the director shall issue a notice of cost informing the property owner of the failure to pay the invoice and that failure to pay the amount will result in the initiation of proceedings to place a lien against the property owner's property.

(Ord. 29000.)

After completion of the work and failure of a property owner to pay the amounts set forth in the invoice, the director shall cause notice of the public hearing on the cost to be given to the property owner in the manner specified in this part, which shall specify the day, hour and place when the city council will hear and pass upon a report by the director of the cost of the work, the amount proposed to be assessed against the property, together with written objections, if any, which may be raised by any person liable to be assessed for the cost of such work.

(Ord. 29000.)

The director may include with the notice of hearing, as specified in Section 13.28.560 hereinabove, notice of a conference with the director. The conference, which may be scheduled by the director upon receipt of the written objection specified in Section 13.28.560, shall be conducted prior to the city council hearing for the purpose of discussion between the property owner and the director of the costs of the work. Upon the conclusion of the conference, the director shall note his or her conclusions in the report to the city council together with any recommendations for adjustment of the costs of the work.

(Ord. 29000.)

If the property owner does not pay the invoice by the required date, the director shall prepare and file with the city council a report specifying the work which has been done, the cost thereof, a description of the real property upon which the tree, shrub, hedge, or landscaping was located or of the real property adjacent to or fronting upon the street on which such street tree, shrub, hedge, or landscaping was located and the assessment against the parcel of land proposed to be levied to pay the cost thereof.

(Ord. 29000.)

A.

Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the director, together with any written or oral objections which may be raised by any property owner liable to be assessed for the corrective work. The city council may make such modifications in the report as it may deem just, after which, by resolution, the report as submitted or as modified shall be confirmed. The decision of the city council on all objections shall be final and conclusive.

B.

This hearing serves to provide the full opportunity of a person subject to an invoice to be heard and object to the determination that a violation occurred and was not corrected. The failure of any person to appear at the hearing shall constitute a failure to exhaust administrative remedies.

(Ord. 29000.)

The cost of any corrective action may be assessed by the city council against the parcel of property upon which the tree, shrub, hedge, or landscaping is located, or the parcel of property which fronts upon or is adjacent to the street on which such street tree, shrub, hedge, or landscaping is located, and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until discharged.

(Ord. 29000.)

The city council, after confirmation of the report of the director, may order a notice of lien to be delivered to the county recorder, who shall enter the amount thereof on the county assessment book opposite the description of the particular property, and the amount shall be collected, together with all taxes against the property. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as taxes against the property are collected, and shall be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency.

(Ord. 29000.)

As an alternative to the procedures set forth in this part, the public hearing before the city council and the imposition of a special assessment lien may be conducted and imposed by a designated body pursuant to Chapter 1.18 of this Municipal Code.

(Ord. 29000.)

The director may cut down, trim or remove any trees in any street, or remove any trees in any street or which overhang any street, or cause the same to be done, by private arrangement for reimbursement to the fund from which the expenditure by city was made, with the owner of any lot or parcel of land Upon which, or fronting upon which the trees are situated.

(Ord. 29000.)

Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep trees, shrubs, hedges, or landscaping upon said private property, or under his or her control or upon streets in front of or contiguous to such private property, in a safe condition.

(Ord. 29000.)

No person shall interfere with or delay the authorized representative of the city from the execution and enforcement of this chapter except as provided by law.

(Ord. 29000.)

The failure to post, mail or deliver by personal service any notice required under this chapter or the failure of any person to receive such notice shall not affect the validity of any proceedings or actions taken by the

city or its employees, agents or contractors under this chapter.

(Ord. 29000.)

The provisions of this chapter are nonexclusive and supplementary to any existing rights and remedies, and the provisions of this chapter may be enforced by any remedies provided for in this municipal code or otherwise available at law. Violations of this chapter may be prosecuted criminally, civilly, or administratively, either undertaken separately or in conjunction with other remedies, at the sole discretion of the city. Nothing in this chapter shall be deemed to prevent the city from commencing any administrative or legal proceeding to enforce this chapter, Municipal Code, or any law.

(Ord. 29000.)