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(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.)
(a) When the Director of Public Works discovers that a tree growing on private property overhanging a street or public right-of-way within the City is afflicted with a dangerous or infectious insect infestation or tree disease, he or she shall serve a written notice upon the owner of the property in the manner provided in Section 202.04. The notice shall describe the tree, its location, and the nature of the infestation or tree disease and order the owner, agent or occupant to take such measures as may be reasonable and necessary to curb such infestation or disease and prevent the spreading thereof. Such notice shall also specify the measures to be taken. Such measures may require the pruning, spraying or destruction of the trees as is reasonably necessary
(b) If the owner, agent or occupant of the property refuses to carry out the order of the Director of Public Works within the time limit, the Director shall carry out the pruning, spraying or destruction of the tree as deemed necessary by him or her and shall bill the owner, agent or occupant of the property for the cost thereof. If the owner, agent or occupant of such property fails to pay such bill within sixty days after the same has been rendered, the Director shall report such to the City Commission for collection as a single-lot assessment against the property in accordance with Chapter 216 of the Administration Code. The Director may, without serving the above notice when the owner or occupant of any private property consents and pays the reasonable cost thereof, cause trees growing on a private lot to be sprayed when he or she deemed the same necessary on account of any infestation of disease or threat thereof.
(c) 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.)
The Director of Public Works shall grant permission to public utilities to trim and keep trimmed all public trees within the streets, alleys, parks and public places of the City in such a manner as shall keep the overhead lines of such public utilities safe and accessible. Such trimmings shall be done in accordance with approved practices and under the general direction of the Department of Public Works. Such permission shall require reasonable prior notice of the City before any work is commenced. However, if an emergency requires immediate maintenance work on the overhead lines of such public utilities, prior notice of work commencement under such permit is not required. As used in this section, "an emergency" means a sudden occurrence or happening of a natural or man-made event, which could not be foreseen by the exercise of reasonable care and foresight, causing damage to the overhead lines of the public utilities.
(Ord. 17-01. Passed 12-4-01.)
(a) On residential streets, the abutting owner or occupant may maintain a planting strip within the curb lawn and may plant flowers, trees, shrubs and bushes thereon in conformity with this chapter. No person shall willfully injure or destroy any grass, flower, tree, bush or shrub upon any such planting strip or throw any papers, refuse or anything thereon. No person shall drive a motor vehicle or human powered device upon or over any such planting strip except in the act of performing maintenance upon such area. No person shall place any stones, gravel, broken brick, or similar loose material within any lawn extension of the City.
(b) 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.)
The City Manager, upon the advice of the Tree Advisory Council, shall make such rules and regulations supplementary to this chapter and not in conflict herewith as may from time to time be deemed necessary. Such rules and regulations shall be effective upon approval by the City Commission. Until changed pursuant to this section, rules and regulations in effect at the time of the adoption of this chapter shall continue in effect. No person shall fail to obey any rule or regulation effective under this chapter.
(Ord. 17-01. Passed 12-4-01.)
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