1026.09 PRIVATE TREE CLEARANCE.
   (a)   An owner of a tree on private property overhanging a street or public right-of-way in the City shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, so as to maintain a clear space of not less than fifteen feet above the surface of the street, sidewalk or right-of-way. Such owner shall remove all dead, diseased or dangerous trees and broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right to trim a tree, bush or shrub on private property when such interferes with the proper spread of light along a street from a street light or with the visibility of a traffic control device or sign. Such trimming is to be confined to the area immediately above the right-of-way.
   (b)   No shrub or bush located on the triangle formed by two right-of-way lines at the intersection of two streets, and extending for a distance of twenty-five feet each way from the intersection of the right-of-way lines on any corner lot within the City, shall be permitted to grow to a height of more than thirty inches from the top of the shrub or bush at the street level, in order that the view of the driver of a vehicle approaching such an intersection shall not be obstructed. Trees may be planted and maintained on private property on this area provided that all branches are trimmed to maintain a clear vision for a vertical height of ten feet above the roadway surface.
   (c)   A property owner who fails to trim any trees, shrubs or bushes or take other ordered corrective action in conformity with this section shall be notified by the Director of Public Works in the manner provided in Section 202.04, to do so and such notice shall require that such trimming be done in conformity with this section within fourteen days after the date of such notice or within such additional time as may be stipulated in such notice. Upon the expiration of such period, the Director may cause the trimming to be done and the cost thereof may be collected from the owner of such property as a single lot assessment in accordance with Chapter 216 of the Administration Code.
   (d)   A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)