A. Pruning Requirements:
1. Pruning Required; Height Above Public Ways: Any person owning or occupying real property bordering on any street shall prune trees, plants or shrubs on his/her property so that they do not obstruct the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be twelve feet (12') over sidewalks and fourteen feet (14') over streets. For purposes of this subsection, "obstruct" means creating a public health or safety concern.
2. Notice To Prune: Should any person owning real property bordering on any street fail to prune as provided by this chapter, the city may order such person to prune such tree, plant or shrub within thirty (30) days after written notice. A shorter period may be prescribed by the city in the event of the existence of any immediate hazard. (Ord. 2004-15)
3. Failure To Comply: When a person to whom an order is directed fails to comply within the specified time, the city may prune the tree, plant or shrub and assess the cost as established in section 3-1-3 of this code to the owner as provided by law in the case of special assessments. (Ord. 2017-01, 1-3-2017)
B. Diseased And Infected Vegetation:
1. Inspections:
a. Right Of Entry: The city may enter upon private lands to inspect trees, plants or shrubs whereon insect pests and plant diseases may be found to have injuriously affected any of said trees, plants or shrubs or which may injuriously affect the public health and welfare.
b. Authority To Inspect: The city may conduct field inspections, including the removal of specimens for laboratory analysis that may be necessary to determine the presence of said infestation or to locate any private lands, which might serve as a breeding place for diseases or insects.
c. Notice Of Inspection: Before making any inspection on private property, the city shall give notice of the inspection to all affected residents and property owners either through an individual oral or written notice, or by publishing the notice in a local newspaper.
2. Notice Of Disease Condition: If a disease or insect infestation is found, the city may, by written notice, give the property owner a definitive time but not less than twenty (20) days, to remove, treat or dispose of the infested trees, plants or shrubs. (Ord. 2004-15)
3. Failure To Comply: If the work is not satisfactorily completed within the time prescribed, the city may enter upon the property and remove and/or treat the infested area and assess the cost as established in section 3-1-3 of this code to the owner as provided by law in the case of special assessments. (Ord. 2017-01, 1-3-2017)