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The owner of each lot or parcel of land within the City, upon which a tree stands with any part of the tree upon or overhanging a public thoroughfare, and the owner of each lot or parcel of land abutting a public thoroughfare upon which thoroughfare and in front of which lot or parcel of land a tree stands, shall conform to the following regulations:
(a) The owner shall trim, or cause to be trimmed, the tree so that the same shall not obstruct the free passage of light from any street light to the street, sidewalk and/or public thoroughfare.
(b) The owner shall trim, or cause to be trimmed, the tree so that a clear height of thirteen and one-half feet between the lowest branches of the same and the street, alley, sidewalk or public thoroughfare is maintained.
(c) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, or part thereof, so that the same shall not fall to the street, alley, sidewalk, public thoroughfare or right-of-way.
(Ord. 1-63. Passed 2-20-63.)
The City shall have the right to cause to be trimmed any trees standing in violation of Section 1028.02. The City shall give the property owner ten days notice, in writing, to trim such trees, and in the event that the property owner fails to comply with the notice, the costs incurred by the City, plus the City’s administrative cost of one hundred dollars ($100.00) shall be paid by the property owner. If such costs are not paid, they shall be certified by the Finance Director to the County Auditor as a special assessment to be placed on the tax duplicate and to be collected in the same manner as are other taxes.
(Ord. 1-63. Passed 2-20-63; Ord. 09-22. Passed 6-6-22.)
Upon information that shrubbery or other plants, trees or vegetation are growing in violation of Section 1028.04, the Manager shall cause written notice to be served on the owner of the real property that such shrubbery or other plants, trees or vegetation must be cut and destroyed within five days after service of such notice. Such notice shall be deemed to be properly served if a copy thereof is:
(a) Delivered personally;
(b) Sent by certified or first-class mail addressed to the last known address; or
(c) Posted in a conspicuous place in or about the structure affected by such notice.
(Ord. 59-74. Passed 7-15-74; Ord. 19-08. Passed 1-26-09.)
A police officer may make service and return of the notice provided for in Section 1028.05 and shall be allowed the same fee as that provided for service and return of a summons in a civil case before a magistrate.
(Ord. 59-74. Passed 7-15-74.)
If the owner or person having charge of land fails to comply with the notice provided for in Section 1028.05, the Manager shall cause the shrubbery or other plants, trees or vegetation to be cut and destroyed. All expenses and labor costs incurred shall, when approved by Council, be paid out of City funds not otherwise appropriated.
(Ord. 59-74. Passed 7-15-74.)
The Manager shall make a written return to the County Auditor of the City's action under Sections 1028.05 to 1028.07 with a statement of the charges for its services, the amount paid for labor, the fees of the officers serving the notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon the lands from and after the date of entry and be collected as other taxes and returned to the City with the General Fund.
(Ord. 59-74. Passed 7-15-74.)
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