A. Neglected Bushes, Landscape Plantings And Trees: It shall be unlawful and constitute a public nuisance for any person who owns or controls any real estate to permit bushes, landscape plantings and trees to grow on such real estate or on the parkways contiguous to such real estate in a manner that overhangs or encroaches onto adjacent public property, or hinders motor vehicle or pedestrian travel on public rights of way or obstructs visual sightlines for drivers of motor vehicles or pedestrians using public right of ways or obstructs any intersection, pedestrian crosswalk, traffic control signage or devices or otherwise creates a health and safety hazard for the public. Any person who owns or controls any real estate where such a nuisance exists shall take action to have the nuisance removed within ten (10) days after being notified to do so by the building official or the code enforcement officer of the City.
B. Overhanging Hedges: All hedges shall be planted and maintained so that the hedge will not overhang or interfere with the use of a public way such as a sidewalk, alley or street.
C. Trees Obstructing Sewers Or Drains: Any tree or shrub standing or growing on private real estate whose roots obstruct or interfere with the free operation of any public or private sewer or drain in the City is declared to be a public nuisance, and subject to abatement. Any person owning, occupying or in control of any real estate upon which such tree or shrub shall be standing or growing shall be deemed guilty of a misdemeanor. If any such person, within ten (10) days after notice from the building official, public works superintendent or their designated representative, or code enforcement officer, shall fail to remove such tree and that tree's roots, the public works superintendent, or their designated representative, or code enforcement officer, without prejudice to the penalty provided, shall effect such removal at the expense of such person.
D. Public Tree Care: The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the parkways of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. However, such parkway shall be maintained by the adjacent property owner unless an agreement for maintenance has been reached with the City. Homeowners/property owners may not remove a parkway tree without permission of the City or be subject to fines.
E. Pruning, Right Of Way Public Clearance Of Trees: Every owner of any tree overhanging any street or right of way within the City shall prune the branches so that such branches shall not obstruct the view of any street or intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City, in accordance with the law, 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.
F. Public Streets And Sidewalks To Be Kept Free Of Debris: No debris, leaves, dead weeds, grasses or branches shall be deposited on any streets or sidewalks within the City. Leaves and branches for pick up by the City must be placed on the parkway on the designated dates as directed by the City Administration or Public Works Superintendent.
G. Landscaping Materials In Public Ways: No landscaping materials, including dirt, sod, stone, sand or other such material, shall be placed or stored in the public right of way. Such materials may be removed by the Public Works Department at the violator's expense.
H. Spreading Poisons: To spread, or to cause or permit any agent or employee to spread any poison for the purpose of killing rats, mice, rodents, insects or other vermin, in any public way or public place; or to spread or to cause or permit any agent or employee to spread any poison for such purposes in any yard, court, passageway or other open place on private premises, or on the outside of any building or structure, or in any place within a building or structure which is open to the general public, or where pet dogs, cats or other domestic animals or fowls have access, without placing the same in a receptacle of such kind or character that it can be reached only by the kind of vermin which the poison is intended to kill, or without placing a wire or other guard about the same in such way that no child or domestic animal, domestic fowl, or other harmless creature can reach the same. (Ord. 22-44-O, 12-14-2022)