[1]
Prior legislation: Ords. 630 and 653.
All trees, plants, shrubs or other vegetation whose roots shall grow and lift the public sidewalks or streets or otherwise overhang or grow in such a manner as to obstruct or impair the free and full use of the sidewalks or streets by the public to such an extent that in the judgment of the city council the same shall thereby be rendered unsafe for travel by pedestrians or motor vehicles, are declared to be a public nuisance, and the city council may, by resolution, authorize and direct the city manager to give the owner upon whose property the trees or other vegetation are situated, notice to remove the offending tree, plant, shrub or other vegetation, and restore the sidewalk or street to its original condition within ninety days after service of a notice of removal in the manner provided for by this title.
(Ord. 1751 § 1 (part), 1992)
The wilful refusal and neglect of any property owner to remove the nuisance within ninety days after the notice of removal has first been served upon him, as provided for herein, shall constitute a misdemeanor, and upon the conviction therefor shall be punishable by a fine of not less than one hundred dollars or more than two hundred fifty dollars or by imprisonment for a period of not more than thirty days, or both such fine and imprisonment.
(Ord. 1751 § 1 (part), 1992)
Upon the failure of the owner of the property, upon which the offending trees, plants, shrubs or other vegetation are situated, to remove the same within ninety days after the service of the written notice of removal upon him or her, the city manager shall be empowered and it shall be his duty to cause the offending trees, plants, shrubs or other vegetation, or parts thereof, to be removed and to restore the sidewalk or streets to their original condition and to assert a lien for the cost thereof against the property upon which the same are situated.
(Ord. 1751 § 1 (part), 1992)
The notice of removal shall be given to the property owner by certified mail or personal service. In the event that the property owner may be absent from, or a nonresident of the city, then the notice of removal herein provided to be given shall be mailed to the last known address of the property owner and published in one issue of the official newspaper of the city in lieu of personal service, and the service of the notice of removal shall be deemed complete at the expiration of five days after the date of the publication and mailing.
(Ord. 1751 § 1 (part), 1992)
The lien herein authorized shall, as nearly as practicable, be in substantially the same form as a lien for labor and materials, shall be filed with the office of the Lewis County auditor within the same time and manner, and enforced and foreclosed on as is provided by law for liens for labor and material.
(Ord. 1751 § 1 (part), 1992)