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8-107: RESPONSIBILITY OF OWNERS OR OCCUPANTS TO TRIM TREES AND VEGETATION; NUISANCE DECLARED 1 :
A. For the purpose of this section, the term "right of way" means the area between the roadway or street and a sidewalk or the area between the roadway or street and the property line.
B. The owner or occupant of every lot or parcel of land upon which any trees, shrubs or other vegetation are growing shall have the duty to maintain the same in a prudent and proper manner. The owner or occupant of the property adjacent to the right of way shall be responsible for the care and maintenance of all such vegetation located in the right of way.
C. Every person shall maintain all trees, shrubs and other vegetation located on his property or in the right of way to which such property is adjacent in such a manner so that such vegetation shall not obstruct the free and convenient travel over and along the sidewalk and streets. Such owner or occupant shall keep removed from the vegetation all dead, decayed or broken branches that overhang any street, sidewalk or right of way.
D. All dead trees on private property shall be removed by the owner or occupant of such property. All dead trees in the parkage shall be removed by the owner or occupant of the adjacent property.
E. The owner or occupant shall make a reasonable effort to treat any trees, shrubs or other vegetation growing on the owner's or occupant's property or on the right of way adjacent thereto for any disease or for any insect infestation in such a manner as to control such disease or insect infestation.
F. No owner or occupant of any lot or parcel of land shall fail, refuse, or neglect to care for any tree, shrub or plant as provided in subsections B, C, D and E of this section after receiving notice from the city to do so, within the time limited in the notice. Each day that the owner or occupant shall fail, refuse, or neglect to care for any vegetation after the time limited in the notice shall be a separate and distinct offense.
G. Any condition of any tree, shrub or other vegetation prohibited by this section is declared to constitute a nuisance. In addition to any other penalties for violation of this section, the same shall be subject to abatement in the manner provided in section 8-103 of this chapter and chapter 3 of this part. The remedy of abatement shall be cumulative and in addition to all other penalties. (Ord. 1746, 12-8-2015)
1. See also section 14-102 of this code.