7.30.140 Dead or dangerous tree removal on private property.
The City shall have the right to cause the pruning or removal of any dead or dangerous trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes an imminent threat to other trees within the City. The City Manager or designee will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 30 days after the date of service of notice. The failure of the property owner to prune or remove said dead or dangerous tree within 30 days of the delivery of notice shall be deemed a violation of the Millersburg Municipal Code, and, in addition to prosecution of said violation, the City Manager or authorized representative may at any time thereafter prune or remove said dead or dangerous tree and assess the cost against the property as provided hereinafter.
(1) Deadline to Remove Dead or Dangerous Trees. Within 30 days after the date of service of the notice, the owner of the property shall cause the tree determined to be dead or dangerous to be removed.
(2) Requested Removal by City. At the request of the owner, the City Manager or designate will cause said dead or dangerous tree to be removed for a fee sufficient to cover the direct cost plus 30 percent for administrative overhead with a minimum fee.
(3) Removal by City. The City Manager or designate may cause to be removed any tree determined to be dead or dangerous at any time following the deadline for removal set forth pursuant to subsection (1) of this section. The cost of the removal of said dead or dangerous tree shall be as calculated in subsection (2) of this section and will be a charge to the owner of the property and will become a lien against the property.
(4) Right to Enter. In the event that it becomes necessary for the City Manager or designate to undertake the removal of the said dead or dangerous tree from any private property within the City, the designate or the City Manager shall have the right at reasonable times to enter into or upon said property to remove said dead or dangerous tree.
(5) Cost to Become a Lien. Upon completion of the removal of a dead or dangerous tree under these provisions and in the event that the fee is not paid within 30 days thereafter, the City Manager or designate shall file with the City Recorder and thereafter present to the City Council an itemized statement of the cost thereof. After providing the notice and hearing set forth below, the City Council shall, by ordinance, determine the reasonableness of said statements of costs and adjust the same, and thereupon the amount of said statements as approved by the City Council shall be an obligation owed to the City of Millersburg by the owner or owners of the real property involved, and the City shall have a lien upon said real property for such sum and the lien shall be entered in the lien docket and enforced against said property in the same manner provided for the enforcement of City liens.
(6) Notice and Hearing.
(a) Prior to the adoption of the ordinance referred to in subsection (5) of this section, the City Manager or designate shall cause a notice to be mailed by registered or certified mail, postage prepaid, to the record owner or owners of any real property upon which the City proposes to impose a lien for the costs of the removal of a tree determined to be dead or dangerous. This notice shall be mailed to the owner or owners of the real property in question at the address designated on the Linn County real property tax assessment rolls.
(b) An error in the name of the property owner or owners shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void and any lien imposed pursuant to this section shall be a valid lien against the property. The notice shall contain a summary of the costs which are proposed to be assessed against the owner’s property and shall advise of the City’s intent to assess said costs against the real property upon which the work was performed and shall further advise the owner or owners of their right to a hearing before the City Council concerning the proposed assessment and the date and time of said hearing.
(7) Summary Abatement. The procedure provided by in this section is not exclusive but is in addition to abatement procedures provided by other provisions of this code. (Ord. 165, passed 10-8-2019)