(A) The owner of a lot abutting or fronting on or adjacent to any portion of a street or alley shall ensure the maintenance of any turf, trees, shrubs, hedges, fences or other landscaping along said street, to the centerline of the alley or within the street right-of-way adjacent to his or her property in such condition set forth in the City of Claremore Code of Ordinances and adopted Property Maintenance Code so that the turf, trees, shrubs, hedges or other landscaping will not interfere with the public convenience or safety in the use of the streets, alleys, trails, paths, sidewalks and parking lots.
(B) For purposes of this part, maintenance of turf, trees, shrubs, hedges and other landscaping includes, but is not limited to the following: mowing, clearance and structural trimming, and removal of hazard trees, low branches, dead branches, decayed branches, broken branches, leaves and other debris.
(C) Property owners required by this subchapter to maintain turf, trees, shrubs, hedges, fences and other landscaping shall owe a duty to members of the public using public streets, trails, paths, sidewalks and parking lots to maintain such trees, shrubs, hedges or other landscaping in a safe and non-dangerous condition. If any property owner fails to maintain any adjacent turf, trees, shrubs, hedges or other landscaping in a non-dangerous condition as required by this subchapter and any person suffers damage or injury to person or property, the property owner or person in possession shall be liable for all damages or injuries proximity caused by the failure of the owner or person in possession to maintain these areas.
(D) The provisions of this section shall not apply to the trimming or clearing of limbs and branches within ten feet of overhead electrical distribution lines as this shall be the responsibility of the city or its designee.
(Ord. 2008-4, passed 3-3-08)