(A) The owner, occupant or person having the charge or management of every lot or parcel of land within the corporate limits upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street, alley or sidewalk shall conform to the regulations herein provided; otherwise, the municipality, in addition to the penalties provided in the Development Code, shall cause such trees to be trimmed or cut down and removed in accordance with such regulations.
(B) The owner shall trim or cause to be trimmed such tree, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the street, alley or sidewalk is maintained.
(C) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the street, alley or sidewalk.
(D) The owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using the street, alley or sidewalk.
(E) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in the Development Code, § 1350.03, Enforcement. In addition, any costs incurred by the city in cutting and/or removing trees shall be charged to the owner or violator by the court. Such costs are to be as follows:$200 per hour per person using riding equipment;$150 per hour per person using hand held equipment; $100 for each piece of equipment used; $200 per property administrative and processing fee, and provided to the court.
(Ord. 51-1992, passed 4-13-1992; Ord. 77-2001, passed 5-14-2001; Ord. 49-2013, passed 4-8-2013; Ord. 147-2020, passed 12-21-2020)