(A) Responsibility of adjoining property owners. All trees and/or shrubs for which a permission has been granted under § 99.27 above shall be reasonably maintained by the person in which permission was so granted or current owner of the property adjoining the street lawn or public right-of-way on which the tree or shrub is located. Adjacent property owners may perform minor routine maintenance on all other non-permitted trees and shrubs located within the street lawn or other public right-of-way. Maintenance shall include, but is not limited to, pinning, removal of dead or diseased limbs, and/or insect control. Adjoining property owners shall prune permitted trees and shrubs to improve visibility of traffic control devices, comply with sight visibility requirements, and provide sufficient overhead clearance of vehicular and pedestrian traffic on adjoining streets and sidewalks. Adjoining property owners shall also maintain and repair, if necessary, any abutting public street or sidewalk, or other public right-of-way damaged by the root system, trunk, or limb of a privately owned tree, at the property owner's expense.
(B) Interference with, damage to public streets, sidewalks and the like; unlawful. It shall be unlawful for a property owner, resident, tenant, occupant, or persons having control or management of any property, house, building, or lot to permit any trees or shrubs, including trees or shrubs located on private property or permitted within street lawns, to grow in a manner which interferes with or damages public streets or sidewalks located on adjacent public right-of-way or interferes with sheet traffic, visibility of traffic control devices, violates sight visibility requirements at intersections, or which obstructs the passage of adjoining right-of-way, or otherwise creates an imminent risk of injury or damage to vehicular and pedestrian traffic.
(C) Violation of property maintenance code unlawful. It shall be unlawful for a property owner, resident, tenant, occupant, or persons having control or management of any property, rental property, house, building, or lot to permit the street lawn to be in violation of the property maintenance code.
(Ord. 92A, passed 8-19-2013)