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A. Trimming Trees And Shrubbery:
1. Trimming Required:
a. The owner of any premises abutting on any street shall trim all trees and shrubbery growing in the parking, between the sidewalks and the roadway, of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks or any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage, travel and view along the streets, sidewalks, and alleys.
b. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as hereinbefore required of the owner.
c. Such trees or shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet (10') above the roadway of a street or alley, nor lower than eight feet (8') above the sidewalk. (1985 Code § 14-201)
2. Failure To Trim; City Abatement; Hearing; Lien:
a. Any owner or occupant who fails, refuses, or neglects to trim trees and shrubbery as provided in subsection A1 of this section, after receiving a ten (10) day notice from the chief of police to do so, shall be guilty of an offense. Every day that the owner or occupant fails, refuses, or neglects to trim such trees or shrubbery, after the expiration of the ten (10) day notice, shall be a separate offense.
b. The owner of the property may give his written consent to the city authorizing the removal of trees and shrubbery. By giving such written consent, the owner waives his right to a hearing by the city council.
c. A hearing may be held by the city council to determine whether the tree or shrubbery has caused the property to become detrimental to the health, benefit, and welfare of the public and the community or a hazard to traffic or creates a fire hazard to the danger of property.
d. Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefitted by the removal of such tree or shrubbery, the agents of the city are granted the right of entry on the property for the removal of trees or shrubbery, and performance of the necessary duties as a governmental function of the city.
e. The city council shall determine the actual cost of such removal of a tree and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The city clerk shall forward by certified mail with return receipt requested to the property owner at the address shown by the current year's tax rolls in the county treasurer's office a statement of such actual cost and demanding payment. If the tree removal is done by the city, the cost to the property owner for the removal shall not exceed the actual cost of the labor, maintenance, and equipment required for removal. If the removal is done on a private contract basis, the contract shall be awarded to the lowest and best bidder. (1985 Code § 14-202)
f. If payment is not made within thirty (30) days from the date of the mailing of the statement, the city clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At any time prior to the collection as provided in this subsection, the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if any, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien. (1985 Code § 14-202; amd. 2003 Code)
B. Injuring Trees And Shrubbery: It is unlawful for any person to injure any tree or shrubbery in a street or alley. This subsection shall not prohibit the lawful and proper care and removal of such trees and shrubbery. (1985 Code § 14-203)