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a. It shall be unlawful for any person to permit trees, shrubs or bushes growing upon their property to encroach and interfere with a traffic control device, the passage of persons or vehicles, or the flow of drainage water over or on any public right-of-way or easement.

b. In the event of any violation of this section, in addition to the penalty set forth in Section 1-5, Code of the City of Phoenix, the City, at the direction of the Director of Streets and Traffic, is authorized to take the following actions:

1. Where the interference is with a traffic control device, the passage of people or the flow of drainage water, the City is authorized, after giving the owner of the real property seven days’ notice, to go upon said property to take any action reasonably necessary to effect full compliance with the provisions of this section, and a fee totaling twice the cost thereof shall be charged against the owner of said real property and shall be a lien against the property from which such obstruction is removed.

2. Where the interference affects the safe operation or passage of motor vehicles, the City is authorized, after giving the owner of the real property twenty-four hours’ notice, to go upon said real property and to take any action reasonably necessary to effect full compliance with the revisions [provisions] of this section, and a fee totaling twice the cost thereof shall be charged against the owner of said real property and shall be a lien against the property from which such obstruction is removed.

c. The lien created by this section shall run with the land and the City, in its sole option, may record the lien with the County Recorder.

d. Service of notice. Notice shall be served on the owner, lessee or person occupying such property by the City’s authorized representative by personal service in a manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner, lessee or person occupying such property at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. Such mailed notice shall be certified or registered mail. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. For service of notice under this section the lessee and the occupant of the property shall each be deemed to be the agent of the owner.

e. An owner, lessee or occupant (hereinafter referred to as appellant) who objects to the notice or to the amount of the charge may obtain a review by filing his objections in writing with the City Auditor Department within the time specified in the notice or no later than thirty days following the day upon which the first billing was mailed to him. The written objection shall include the following:

1. Statement of the amount under protest;

2. Statement of the reason why the notice or billing was incorrect and should be adjusted; and

3. Request for a hearing if one is desired.

If a hearing is not requested, a decision will be made on the protest based on the written evidence submitted.

f. The protest shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Streets and Traffic Department.

g. The hearing officer shall provide to the Streets and Traffic Department a copy of the appellant’s protest and shall request from the Streets and Traffic Department a response to the issues raised. The Streets and Traffic Department shall submit to the hearing officer, and to the appellant, a written response to the hearing officer’s request within thirty days of receipt of such request.

h. Upon receiving a written request for an extension of time at any time prior to a deadline in this section, the hearing officer shall be empowered to grant extensions of time.

i. A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (g) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The appellant shall have the opportunity to appear with witnesses and counsel to present information on behalf of the appellant. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.

j. After the hearing on the matter, the hearing officer shall, within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the disposition of the dispute.

k. The hearing officer shall be empowered to make a final decision as to the validity of the appellant’s objection. If the hearing officer determines the appellant’s objection to be valid, the officer shall be empowered to make an appropriate adjustment to the appellant’s bill or notice. The determination of the hearing officer shall be final and conclusive between the City and the appellant as to the objection submitted for determination. If the hearing officer determines that an amount is due from the appellant to the City, the amount shall be immediately due and payable upon issuance of the written determination provided in subparagraph (j). (Ord. No. G-756, § 1; Ord. No. G-1868, § 4; Ord. No. G-3076, § 1)

Cross reference—Trees and vegetation, ch. 34.