(a) Each adjacent property owner on any public street, lane, alley or highway in the City shall remove or cause to be removed any dead trees or parts of trees which have become a nuisance or hazard to persons or property and which exist on such premises or in the tree lawn or grass strip existing between such premises and the edge of the adjoining street curbing or street surface where such trees, or the branches thereof, overhang or present a threat of damage to any portion of such street or adjoining sidewalk area. Further, each person who is the owner of or is an agent having the care of any premises abutting on any public street, lane, alley or highway, shall prune and keep pruned all trees growing on such premises or between the same and the edge of the curbing or edge of the street surface where branches of trees overhang any portion of such street or sidewalk. Such trees shall be pruned and kept pruned so that the lowest branch shall be at least twenty (20) feet above the pavement level of the part of such alley, street or highway, twenty (20) feet above state routes and twenty (20) feet above the sidewalk so overhung by such branches. When an entire tree is removed, the stump must also be removed and the ground restored.
(b) In the event the adjacent property owner neglects or refuses to remove dead trees or dead parts or branches of trees or prune or keep pruned the branches of any trees as provided in paragraph (a), the City may, after ten (10) days written notice to the owner or occupant of such abutting property, cause such trees or parts of trees to be removed or to be pruned as provided in paragraph (a). The notice may be served by certified mail addressed to the owner or occupant of such premises by mailing the same to the last known place of residence of such owner or occupant. All expenses effecting said removal pursuant to this section, including the costs of inspection, record search, notification and billing, so incurred by the city, shall be recorded by the Director of Public Service, or designee, who shall mail a statement/invoice thereof to the owner of such land if a current address is known. If after thirty (30) days the amount remains unpaid, Council by ordinance shall certify the total amount of the expenses, the name of the owner of the land, and a sufficient description of the premises, to the County Auditor to be entered upon the tax duplicate to be lien upon such land from the date of entry, and to be as other taxes and assessments and returned to the appropriate fund.
(c) This section also applies to trees on unimproved public roadway rights of way where no actual roadway exists. The adjacent property owner's responsibility shall extend to the centerline of the right of way.
(d) This section also applies to the US 62 and US 30 right of way. The Director of Public Service or designee will work with adjacent owners to trim/remove trees in the right of way at the property owner's cost.
(Ord. 165-2018. Passed 7-30-18.)