(a) It shall be the duty of any such person owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in a manner that they will not obstruct or shade the street lights or obstruct the passage of pedestrians or sidewalks, the vision of traffic signs or the view of any street or alley intersection. The minimum clearance of any overlapping portion thereof shall be eight feet over sidewalks, and twelve feet over all streets except truck thoroughfares which have a clearance of sixteen feet.
(b) For any person owning or occupying real property bordering on any street who fails to prune trees as provided herein, the Shade Tree Commission shall order such person, within thirty days after receipt of written notice, to prune such trees.
(c) When a person to whom an order is directed fails to comply within the specified time, the Municipality shall prune such trees, and the exact cost thereof shall be assessed to the owner and certified to the Auditor of the County and be assessed against the respective property on the next tax duplicate as provided by law.
(d) Owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs on their property which constitute a menace to the safety of the public. When a person to whom an order is directed fails to comply within the specified time, the Municipality shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, and the exact cost thereof shall be assessed to the owner, certified to the Auditor of the County and be assessed against the respective property on the next tax duplicate as provided by law.
(e) The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. Pruning shall be done by the owners at their own expense within thirty days of service of notice. In the event of failure of owners to comply with such provisions, the Village shall have the authority to prune and charge the cost to the property owner. Trees may be also pruned for shaping purposes.
(f) The Shade Tree Commission may recommend the removal of any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements or is affected with any injurious fungus, insect or pest. This section does not prohibit the planting of street trees by adjacent property owners providing that this selection of such trees is in accordance with Section 909.08. Pruning for shaping purposes may be done. All spraying shall meet all specifications and regulations for the spray materials.
(Ord. 1994-28. Passed 12-12-94.)