(A) Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC RIGHT-OF-WAY. Any public street, way, place, alley, sidewalk, easement, park, square, median parkway, boulevard or plaza that is dedicated to public use or maintained by the city except for those right-of-ways owned by the Indiana Department of Transportation located within the City of Elkhart municipal limits.
(B) Obstruction defined. No person shall obstruct the free and lawful passage of pedestrians and vehicles on public sidewalks and upon public right-of-ways in the city by placing thereon any structure, posts, poles, goods, wares, merchandise or other articles of trade or sale, nor shall any person obstruct such public sidewalks or right-of-way in any other manner whatsoever.
(C) Duties of owner, occupant or tenant. The owner, occupant or tenant of premises abutting any street in the city shall at all times keep the public sidewalk and area between the public sidewalk and the curb or paved roadway that directly front upon such premises free from all weeds, limbs and branches of trees or shrubs, holes, pits, loose stones, rubbish, paper, debris and other objects and shall otherwise keep the area described in this section free from obstruction of all sorts.
(D) Trimming of trees and shrubs. All trees and shrubs planted on private property that stand along public sidewalks, public streets and alleys the branches of which extend over any part of a sidewalk, alley or a public street, shall be trimmed by the owner, occupant or tenant of the premises that directly front upon that part of the sidewalk or street along which the trees or shrubs stand. Such owner, occupant or tenant shall keep the branches and limbs of such trees or shrubs trimmed and cut so that no limb or branch shall overhang the public sidewalk at a height of less than 8 feet above ground level, but for an alley or public street the height must not be less than 14 feet above ground level.
(E) Exceptions. This section shall not apply:
(1) Where the obstruction is caused by the loading or unloading of goods, wares, furniture or merchandise to and from vehicles in such a manner as to cause a minimum of obstruction which is necessary and unavoidable;
(2) To receptacles for garbage, refuse and any other material lawfully placed for collection pursuant to the regulations of the Department of Public Works;
(3) To posts, stanchions or other supports upon which mail boxes are placed in accordance with United States Post Office regulations and provided that the post, stanchion or support does not exceed 4 feet in height above ground level and 12 inches x 12 inches (or a diameter of 12 inches) in width. Mailboxes which exceed this requirement are not permitted structures and remain in the right-of-way solely at the expense and liability of the abutting property owner.
(F) Reimbursement for damages caused by official city activities. Should the city, through its required maintenance activities, destroy a mail box placed along the right-of-way, the city may reimburse the property owner the sum up to $50 for parts and labor. Should the city, through its required maintenance activities, damage the existing curbing along a street or the maintained grass area along the street, the city shall repair said damage using similar materials in a timely manner as weather permits.
(G) Alleys. Occupants and/or owners are responsible for cleaning and maintaining the area from the rear property line to the center line of the alley.
(H) Weeds and grasses. It is the responsibility of the occupant and/or owner of any property to cut and removal all weeds and grasses over 8 inches in height. Weeds and grasses outside rear and side fences to curb and from center line of the alley to rear yard must be cut and removed.
(I) Sidewalk damaged by tree(s). Occupants and/or owners are responsible for any damage to the sidewalk caused by tree(s) located on private property.
(J) Penalties. A person who violates any division of this section shall be fined $100 for each violation. Failure to bring a property into compliance shall result in the city bringing the property into compliance at the owner’s or the occupant’s expense (see division (K) of this section).
(K) Enforcement. The Code Enforcement Officers, Building Inspectors, Zoning Administrator, Police Department and Fire Department of the city and other persons designated by the Mayor shall by virtue of this section be empowered to directly issue tickets (citations) for violation of this section, making said violator(s) subject to the penalties set forth in division (J) above. Violations shall be filed in the Elkhart City Court.
(L) Right of appeal. Any citations issued for violations of this section shall cite the violator to appear before the Ordinance Violations Bureau pursuant to I.C. 33-36-2 et seq.
(M) Ordinances in conflict with this section. Any and all other existing ordinances and amendments thereto or sections thereof in conflict with this section as to divisions (D) and (E) above are hereby repealed. Invalidation of any part or parts of this section shall not affect the balance of this section.
(Ord. 5194, passed 12-7-2009; Am. Ord. 5535, passed 11-21-2016)