§ 3.38 PRIVATE TREES AND SHRUBS OBSTRUCTING PUBLIC WAYS OR CLEAR VISION AREAS.
   (A)   The owner of any tree on private property overhanging any street or right-of-way shall trim the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection and so that there shall be a clear space of ten feet above the top of the curb at the street level over the street or sidewalk (see illustration A-0). The city shall have the right to trim any tree or shrub on private property when it interferes with pedestrian or vehicular traffic, or with the proper spread of light along the street from a street light, or interferes with visibility of any traffic-control device or sign, such trimming to be confined to the area immediately above the right-of-way. This chapter does not apply to trees or shrubs in the right-of-way of adjacent jurisdictions as determined by Public Act 51 of 1951, being M.C.L.A. §§ 247.651 et seq. or intergovernmental agreements for right-of-way or street responsibility.
   Illustration A-0
 
   (B)   For purposes of this section, TREES shall mean trees, and SHRUBS shall include bushes, woody vegetation and plantings. Shrubs on private property located within a clear vision area, as described below, shall not be permitted to extend or grow to a height of more than 36 inches above the top of the curb at the street level in order that the view of a pedestrian or driver of a vehicle approaching a driveway or street intersection shall not be obstructed. Trees may be planted and maintained on private property in a clear vision area so long as all branches are trimmed to maintain a clear vision for a vertical height of ten feet above the street level. A clear vision area shall be measured as follows:
      (1)   A clear vision area for a driveway means a triangular area formed by the intersection of a street right-of-way line and a driveway line and extending ten feet from the intersection of the lines, or in the case of a rounded line, from the intersection of the line extended (see illustration A-1 below).   
      (2)   A clear vision area for a corner lot means a triangular area formed by the intersection of two street right-of-way lines and extending 20 feet from the intersection of the lines, or in the case of a rounded line, from the intersection of the line extended (see illustration A-1 below).
 
   (C)   Any property owner failing to trim or maintain any trees or shrubs in conformity with this chapter shall be notified by the Director of Public Works or his or her designee. Such notice shall require trimming or maintenance in conformity with this chapter within ten days after service of such notice. Upon the expiration of such period, the Director of Public Works may cause the trimming or maintenance to be done and the cost thereof may be collected from the owner of said property as a single lot assessment in accordance with § 1.306 of this code.   
(Ord. effective 11-16-2018; Ord. effective 11-1-2019)