(A) Structures and plant life. It shall be unlawful for any person, firm or corporation owning, claiming, occupying or having supervision or control of any lot, tract, parcel of land or a portion thereof, occupied or unoccupied within the city to permit any structure of plant life of any type to be erected, planted or maintained in any way to obstruct the view of those persons using public streets and alleys. No wall, screen, hedge, tree, bush, shrub, billboard or structure shall be erected, planted or maintained in a position or placed in any way to obstruct the view so as to cause a traffic hazard. On any corner lot or parkway adjacent thereto, no structure, fence, wall, hedge, tree or plant of any nature shall be erected, planted or maintained which shall constitute an obstruction to the vision of traffic on the public streets within a triangle area formed by the intersection of the adjacent curb lines, or if none exists the normal curb lines, and a point on each curb line 20 feet from the intersection.
(B) Trees. It shall be unlawful for any person, firm or corporation owning, claiming, occupying or having supervision or control of any lot, tract, parcel of land or a portion thereof, occupied or unoccupied within the city to permit trees to grow in any manner over a public right-of-way causing a hazard to the public. The minimum overhang shall be 14 feet above the street surface, 11 feet above any sidewalk and shall in no way obstruct any traffic control sign.
(C) Duty to maintain. It shall be the duty of any person, firm or corporation owning, claiming, occupying or having supervision or control of any lot, tract, parcel of land or a portion thereof, occupied or unoccupied within the city to cut, trim or maintain their property in accordance with divisions (A) and (B) of this section as often as may be necessary to comply with this section.
(D) Notification. In the event that any person, firm or corporation owning, claiming, occupying or having supervision or control of any lot, tract, parcel of land or a portion thereof, occupied or unoccupied within the city fails to comply with the provisions in divisions (A), (B) or (C) of this section, then the Building Official or his or her designated representative will give 10 days’ notice to the property owner in writing of the violation in person or by first class mail addressed to that person at the last known mailing address or by publication 2 times within 10 consecutive days in the city’s official newspaper.
(E) City may do work and bill property owner.
. (1) If the person, firm or corporation fails or refuses to comply with the provisions of this section following the expiration of not less than 10 days of the notification, the city may then enter the premises and do that work as necessary or cause the same to be done in order that the premise complies with the requirements of this section.
(2) A bill for the actual cost incurred plus an administrative charge of $200 incurred by the city resulting from the abatement of the above described condition shall be sent to the owner of the premises and must be satisfied within 30 days of the date of mailing of the bill. In the event that the bill has not been satisfied within the specified period, the city may file a statement with the County Clerk of the expenses incurred in the abatement of the above described condition on the premises and the city shall have a privileged lien on any lot or lots upon which the expense is incurred second only to tax liens and liens for street improvements and 10% on the amount from the date the payment is due. For any expenditure and interest as aforesaid suit may be instituted and recovery and foreclosure had in the name of the city, and the statement so made as aforesaid, or a copy thereof, shall be prima facie proof of the amount expended in any work performed by the city.
(Ord. 590, passed 7-18-2005; Am. Ord. O-15-796, passed 7-20-2015) Penalty, see § 92.99