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5.28. 010 Christmas tree dealers.

Every person who applies for a license to conduct sales of Christmas trees in the open on any lot or at any location in the city shall, in addition to the license fee paid, deposit with the city treasurer the sum of one hundred dollars ($100.00) for the purpose of cleaning said lot after the conclusion of sales for which said license was issued.

Every such outdoor Christmas tree lot shall be inspected by the appropriate city department not earlier than December 27th nor later than December 30th of the year in which said license is issued, and shall make a written report of such inspection to the city manager or his duly delegated subordinate officer immediately following the completion thereof. Such report shall state whether or not the Christmas tree lot has been satisfactorily cleaned and, if not, shall state the particulars in which it is deemed not to have been satisfactorily cleaned. The city manager or his duly delegated subordinate officer shall notify the licensee in writing not later than five days following the receipt of such report of any particulars in which it is deemed that said Christmas tree lot has not been satisfactorily cleaned and shall require said licensee to complete the cleaning of said Christmas tree lot in every particular not later than five days from the date of said notice.

The licensee shall comply with said notice from the city manager or his duly delegated subordinate officer within the time allowed and submit evidence to the city manager, or his duly delegated subordinate officer, establishing such compliance.

Every Christmas tree lot which has not been satisfactorily cleaned on or before the eighth day of January following the year for which such license has been issued shall be caused by the city manager or his duly delegated subordinate officer to be cleaned and all charges, costs and expenses of such cleaning shall be deducted from the deposit required by this section. Any remaining portion of such deposit shall be refunded to the licensee as soon after the eighth day of January as such refunds can be processed.

The full amount of such deposit shall be refunded to every licensee who has satisfactorily cleaned the Christmas tree lot for which a license has been issued as soon as such refund can be processed. All costs and expenses of cleaning in excess of the amount of said deposit shall be billed to the licensee who shall be obligated to pay same in full. The city manager or his duly delegated subordinate officer shall submit vouchers in support of the costs of cleaning Christmas tree lots separately for each of the lots. The city shall make such vouchers a part of the permanent records with respect to the license and deposit to which they apply.

The city council shall, from time to time as it deems necessary, by resolution set, determine and state the charges for use of city personnel and equipment for the cleaning operations to be performed hereunder. (Prior code § 20-9)

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