(a) Duty of Private Property Owner.
(1) It shall be the duty of any property owner owning or occupying property bordering on right of way upon which property there may be trees or shrubs rooted into the ground. to prune or cause to be pruned such tree or shrub in a manner that they will not shade or obstruct street lights, street signs, or obstruct pedestrian or vehicular traffic on sidewalks or streets.
(2) It shall be the duty of any person owning or occupying property bordering on right of way upon which property there are any trees or shrubs which are designated as dead. dying, diseased. or hazardous or deemed a menace to the health, safety, and welfare of the people of Defiance. to remove or cause to be removed said tree(s) and/or shrub(s). If there are objections to the tree removal requirement by the property owner, the City will provide an assessment by a Certified Arborist.
(b) City May Remove.
(1) The City Administrator may remove or cause or order to be removed, any trees or part thereof which by reason of its nature is injurious to existing sewers, water lines, or other public infrastructure or otherwise creates a nuisance condition as described in Section 1317.01(b) of the Codified Ordinances.
(2) The City Administrator shall examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole, or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he shall give to the property owner written notice by certified mail of their findings and an order that such person remove said tree or injurious part thereof within forty five (45) days.
(3) In either of the above situations. the City Administrator or his designee shall send a written notice by certified mail to the property owner indicating the required action (pruning or removal) to be taken. A period of thirty days from receipt of this letter shall be permitted for the property owner to affect the indicated action. Should the property owner or occupant fail to comply, it shall be lawful for the City Administrator or his designee to enter upon the property and cause such action. The property owner or occupant shall be charged the actual cost of the work and cash payment shall be made within thirty days or the actual cost of the work shall be assessed to the property taxes. (Ord. 8178. Passed 11-26-19.)