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A. Responsibility Of Property Owners: It shall be the duty of any person or persons owning or occupying real property upon which private trees exist, to prune such trees in a manner that they will not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection. It shall also be the property owner's responsibility to prune any trees on the public right of way that is adjacent to the owner's property and that contain any of the above mentioned obstructions. The minimum clearance of any overhanging branches shall be eight feet (8') over sidewalks and thirteen feet (13') over all streets.
B. Tree Topping: It shall be unlawful for any person or firm to top or severely prune any public tree without first receiving prior approval and/or a permit from the urban forester. Trees severely damaged by storms or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the urban forester or the shade tree commission.
C. Notice To Prune: Should any person or persons owning real property adjacent to any public right of way fail to prune trees as specified above, the urban forester may order such person(s), after receipt of written notice, to prune such trees. The order required herein shall be served by mailing a copy of the order to the last known address of the property owner by certified mail.
D. Failure To Comply: When a person to whom an order is sent fails to comply within the specified time, Farmington City may cause the trees to be pruned and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
E. Responsibility Of Farmington City: Farmington City shall be responsible for the pruning and maintenance of the street trees on Main Street from 100 South to 500 North, and on State Street from 300 East to 400 West, and on other streets as set forth by resolution of the city.
F. Liability: Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, nor shall it relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any public area on his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, public open space, boulevard, alley or public place within the city. (Ord. 2009-50, 10-6-2009)