a. It shall be unlawful for the owner or occupant of any building or lot to permit any vegetation, including public trees, to grow in a manner which interferes with normal sidewalk traffic located on such lot or on public right-of-way adjoining such lot or street traffic, or to grow so as to pose a threat to safety or public rights-of-way due to obstruction of view, obstruction of passage or any other manner. Any and all pruning of a public tree shall comply with ANSI A300 (Part 1)-2001 Pruning standard. A summary of correct pruning can be found on the City’s Tree Board website at http://www.bgky.org/tree/pruning.php. Trees that grow over a public right-of-way shall be maintained so that the lowest limb is at a height of no less than fifteen (15) feet above the right-of-way.
b. The owner of the property adjacent to the sidewalk or other rights-of-way upon which vegetation, including public trees are planted or in which vegetation, including trees, are allowed to grow in a manner which interferes with normal sidewalk traffic located on such lot or on public right-of-way adjoining such lot or street traffic, or are allowed to grow so as to pose a threat to safety on public rights-of-way due to obstruction of view, obstruction of passage or any other manner shall be responsible for all care and maintenance of the vegetation, including public trees which is required in order to insure that the provisions of the preceding paragraph are carried out.
c. Nothing in the foregoing paragraphs shall prohibit the City or its authorized agent(s) from making such alterations in or removal of vegetation within rights-of-way, including public trees, or making alterations in vegetation, including trees, that are allowed to grow in a manner which interferes with normal sidewalk traffic or on public rights-of-way or are allowed to grow so as to pose a threat to safety on public rights-of-way due to obstruction of view, obstruction of passage or any other manner as necessary to protect its reasonable interests. Unless the alteration or removal is deemed an emergency, the person responsible for the vegetation, including trees, shall be given an opportunity to bring the vegetation or tree into compliance. If the responsible person fails or refuses to bring the vegetation, including trees, into compliance, the City shall have the authority to bring the vegetation, including trees, into compliance and may cite the responsible person as set out below and may recover its costs incurred in bringing the vegetation, including trees, into compliance. Vegetation, including trees, altered or removed as a result of an emergency determination may also result in a citation being issued with the City authorized to recover its costs.
(Ord. BG2011-4, 2/1/2011)