Chapter 6.20
MISTLETOE ABATEMENT
Sections:
6.20.020 Failure of owner—Notice to abate—City action.
6.20.040 Payment failure—Recordation— Lien.
6.20.050 Assessment collection procedure.
6.20.070 Contract between owner and city.
6.20.010 Duty of owner.
Every owner of real property within the corporate limits of the city shall keep such real property free and clear of all mistletoe. No mistletoe shall be deposited, placed, or dumped upon the public streets between property lines or in any alley, or parkway in the city. (Ord. 174 § 1, 1962).
6.20.020 Failure of owner—Notice to abate—City action.
Upon failure of the owner of any real property in the city, or the lessee, or the occupant thereof, to remove or destroy such mistletoe from such real property, the owner shall be notified by the superintendent of streets of the city to remove or destroy the same within a period of seven days. Such notice shall be in writing or printed and shall be posted in a conspicuous place on the property for a period of seven days. If at the end of the period mentioned in such notice, said owner has failed to comply with such notice, the superintendent of streets shall cause such mistletoe to be removed or destroyed from the property and shall charge the expense of such work, removal, or destruction to the owner of the property. (Ord. 174 § 2, 1962).
6.20.030 Right of entry.
The street superintendent, his assistants, and deputies, or other public officer designated by the city council may enter upon private property to perform the duties imposed by this chapter. (Ord. 174 § 3, 1962).
6.20.040 Payment failure—Recordation— Lien.
Upon completion of the work of removal or destruction of the mistletoe the street superintendent shall notify the owner of the real property in writing of the expense of such work. If the owner fails or refuses to pay to the city the amount of such expense within a period of thirty days from the date of such notice, the amount shall be certified by the city clerk, who shall record in a book to be kept for that purpose the name of the owner of the property so cleared, a description of the property sufficient for identification, and the amount charged against the property for doing the work, removal, or destruction of mistletoe from the property. From and after the date that the entry is so made, the amount charged against the property shall constitute a special assessment against the parcel. After the assessment is made and certified by the city clerk it is a lien on the parcel. (Ord. 174 § 4, 1962).
6.20.050 Assessment collection procedure.
The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. (Ord. 174 § 5, 1962).
6.20.060 Refunds—Procedure.
The city council may order refunded all or part of a special assessment paid pursuant to this chapter if it finds that all or part of the special assessment has been erroneously levied. A special assessment or portion thereof shall not be refunded unless a claim is filed with the city clerk on or before March 1st after the special assessment became due and payable. The claim shall be verified by the person who paid the tax or his guardian, executor or administrator. (Ord. 174 § 6, 1962).
6.20.070 Contract between owner and city.
Nothing contained in this chapter shall prevent the owner of property in the city from making agreements or contracts with the city through the street superintendent for the removal or destruction of mistletoe. The city, in the agreement or contract, may provide for a reasonable amount to be paid by the owner of the property for the removal or destruction of mistletoe.
In the event that the property owner, after entering into the agreement or contract and after performance of the items thereof by the city, refuses to pay for the work as provided in the agreement or contract, then the work performed by the city and materials used for the removal or destruction of mistletoe shall become a special assessment against the property in the same manner as heretofore provided in cases where the owner of the property fails to remove or destroy the same. (Ord. 174 § 7, 1962).