§ 26-21. Abatement; notice to abate; abatement by city; right of entry; billing of owner; etc.

(a)

Any property owner who shall fail to abate any violation of this article within twenty (20) days after receiving written notice from the city to abate such violation shall be guilty of a petty misdemeanor.

(b)

Upon failure of any property owner to abate any violation of this section within the time limitation as prescribed in subsection (a) of this section, the city may abate such violation; provided, however, upon request of the property owner, such tree shall not be removed until a positive diagnosis of the disease has been made.

(c)

Upon abatement by the city, the city shall submit a bill to the property owner for the actual cost of such abatement, including additional accounting expenses, if any, incurred by the city.

(d)

For the purpose of abating violations of this article, city employees or contractors employed by the city may enter into and upon any private property for the purpose of accomplishing such abatement.

(e)

Any property owner desiring the city to remove any tree, notwithstanding an order to remove the same, may petition the city council to make said removal in accordance with the special assessment procedure in state law.

(Code 1971, § 26-32)