[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-1-2006 by Ord. No. 06-04]
The City shall have the right to cause the removal
of any dead or diseased trees on private property within the City
when such trees constitute a hazard to life and property or harbor
insects or disease which constitutes a potential threat to other trees
within the City.
A.
The City will notify, in writing, the owners of such
trees of the requirement that removal is required. Removal shall be
done by said owners at their own expense within 60 days after the
date of service of notice; however, a lesser time may be specified
for removal when an imminent hazard to life or property has been determined
to exist.
B.
Notice shall be sufficient if:
(1)
The notice is personally served upon an owner of such
tree;
(2)
The notice is left at an owner's dwelling house or
usual place of abode with some person of suitable age and discretion
then residing therein;
(3)
The notice is delivered to an agent authorized by
appointment or law to receive service; or
(4)
The notice is mailed by certified mail to an owner's
last-known address. When service is made in this manner, service is
complete when it is signed for by the addressee, or by some person
of suitable age and discretion acting as agent for the addressee,
or with the word "unclaimed" or "refused" noted thereon by the postal
authorities. If such notice is returned "unclaimed" by the postal
authorities, the City shall cause the notice to be posted on the common
entrance door or in a common area of the building.
A.
In the event of failure of the owners to comply with
such provisions, the City shall have the authority to remove such
trees and charge the cost of removal on the owners' property tax notice,
enter the cost as a municipal lien or utilize other methods of collection.
C.
Each day that a violation occurs shall be a separate
offense.
