(A) All property owners shall be liable and responsible for maintenance and general upkeep of trees, shrubs, vines or other plants growing on their property, including areas over which public right-of-way exists, or on parkways or alleys abutting their property, and all of such property owners shall be liable for failure to so maintain such trees, shrubs, vines or other plants, and which, as a result thereof, causes injury to the person or property of others.
(B) The Board of Public Works and Safety or their appointee is empowered to make the determination of existence of a condition of trees, shrubs, vines or other plants constituting an emergency or health or safety hazard in or abutting any parkway, alley or other city right-of-way. Upon such determination, the Board may require the owner of the property on which the condition exists or which abuts such parkway, alley or public right-of-way, to remove the existing hazard by first causing notice to be served upon such owner of the premises, requiring the property owner to remedy the hazardous condition within a period of ten days from the receipt of the notice. If the owner of the premises fails to remedy the hazard, as determined by the Board, the Board may undertake to remedy said hazardous condition, and the expense thereof shall be charged to the property owner, and upon failure to pay the same, shall become a lien against the property of the owner, as provided by Section 234 of the Acts of the Indiana General Assembly of 1905, entitled “An Act Concerning Municipal Corporations.”
(‘85 Code, § 12.17) (Ord. 17-1977, passed - -77)