(a) Notification of costs. The city manager or the manager's designee shall notify, in accordance with subsection 142-72(b), the owner or occupant of a lot or open area of the cost for cutting, trimming, or removing offending vegetation or landscaping if it is necessary for the City or its contractors to take such action. The notice shall inform such owner or occupant that administrative fees shall also be assessed. Such fees shall be promulgated by the city manager or the manager's designee in accordance with the procedures established by subsection 2-3(d) of this Code.

(b) Failure to pay. If the owner or occupant of a lot or open area shall fail, within 30 days after the date that notification, to pay the costs of cutting, trimming, or removing offending vegetation or landscaping and any administrative fees assessed in connection therewith, such costs and fees shall become a lien against such lot or open area. The director of finance shall certify to the treasurer of the appropriate county the legal description of the real property subject to the lien and the amount of costs and fees assessable to such property, plus 15 percent, for collection in the same manner as general property taxes are authorized to be collected by such treasurer.

(c) Superiority of lien. The lien created by this section shall be a first lien upon the subject property and shall be superior to all other liens or claims against such property of whatever kind or nature regardless of date, except any lien for general property taxes or special improvement district assessments.

(d) Exception for tree removal costs. The city council declares that homeowners with the financial burden of removing trees which are in violation of section 142-74 serves the public purpose of maintaining the integrity and economic viability of city neighborhoods. Therefore, notwithstanding any section of this article to the contrary, the city manager or the manager's designee, in his or her sole discretion, may allow eligible homeowners to use the extended payment plan described herein to pay the costs and fees associated with the removal of such trees from their property.

Extended payment plan. To assist with the financial burden associated with the removal of trees, the city manager or the manager's designee may extend the date upon which such homeowner is required to pay the cost and fees associated with the removal of trees from his or her property. Such extensions shall be made upon such terms and conditions as may be authorized by the manager or designee, provided that any schedule for the payment of such costs and fees shall not exceed two years from the date upon which such payment is originally due. Any failure of a homeowner to make payments in accordance with this schedule shall result in the immediate imposition of a lien on such property and certification of all unpaid costs and fees to the county treasurer for collection as provided in subsection (b) of this section. (Code 1979, § 40-58; Ord. No. 2009-22, § 4, 6-8-2009)