(Amended by Ordinance No. 178215, effective February 25, 2004.)
A. Any condition of any tree upon, abutting or fronting private property which is in violation of any of the provisions of this Chapter or any other applicable Chapter of the City Code, is hereby declared to be a nuisance. Except for those conditions which this Chapter authorized the Forester to summarily abate, whenever the Forester has knowledge that such nuisance exists, he/she shall post upon the property liable for the abatement of the nuisance a notice directing the removal of the nuisance. The notice shall be substantially in the following form:
Notice To Abate Nuisance
To the owner, agent of owner and occupant of the following described real property:
in the City of Portland, Oregon.
You are hereby notified to remove and abate the nuisance existing on the above-described property within 15 days of the date of this notice, or show the Bureau of Parks and Recreation of the City of Portland that no nuisance exists as provided in Section 20.40.180 of the Code of the City of Portland. The nuisance consists of:
In the case of failure to remove the nuisance within the time set forth above, the City of Portland will cause the nuisance to be abated and charge the cost of abatement, Auditor's fee, County Recorder's fee, plus any overhead costs incurred and a civil penalty in the amount of $300 against the property described above. The owner of the above-described property shall be personally liable for the costs of abatement, Auditor's fee, County Recorder's fee plus any overhead and civil penalties.
Before planting, removing, destroying, cutting, pruning or treating any tree in or upon any street, you must obtain a permit from the City Forester.
City Forester for the Director of Parks
B. When summary abatement is authorized, notice to the owner, agent or occupant of the property prior to abatement is not required. Following summary abatement, the Bureau of Parks and Recreation shall post upon the property liable for the abatement a notice describing the action taken to abate the nuisance.
C. "Summary abatement" as used in this Chapter means abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair or other acts necessary to abate the nuisance and without notice to the owner, agent or occupant of the property except for the notice required by this Section.
D. Upon posting of the notice described in Subsections A and B of this Section, the Director or the Forester as his/her designee shall cause a copy of the notice so posted to be mailed with the postage prepaid to the owner or agent of the owner or real property, directed to his/her last known address or, if that address is unknown, to the owner or agent at the address of the property.
An error in the name of the owner or agent or the use of a name other than that of the true owner or agent of the property shall not render the notice void, but in such case, the posted notice shall be deemed sufficient.