(A) (1) 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 on property in any way that obstructs 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 or impede traffic flow. 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.
(2) As used herein, PROPERTY shall include the right-of-way area along the full width of the lot, between the property line of the lot, tract or parcel, and the adjacent curb, and if no curb exists, then to the edge of the street pavement. For alley rights-of-way that are unpaved this includes up to the midpoint of the alley.
(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 or within a public right-of-way causing a hazard to the public or an obstruction impeding traffic flow. 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.
(1) 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 keep such property free from:
(a) Dead or damaged trees that, through danger of falling or of falling branches or limbs, may cause injury to persons or damage to property and that constitute a threat to public health, welfare or safety; and
(b) Diseased trees that, through spreading disease or infestation to healthy trees, constitute a potential threat to other trees.
(2) Upon a finding by the City Manager or designee that a tree is dead, damaged or diseased in accordance with this section, the 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:
(a) Shall remove the tree or abate the condition;
(b) Is responsible for any and all injury to persons or damage to property caused by trees; and
(c) Shall replace any required street tree that is removed or abated with in accordance with landscape and streetscape standards as defined by this code.
(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.
(1) Said person, firm or corporation shall keep such property free of grass, weeds, brush and any objectionable or unsightly matter of a height of 12 inches or greater.
(2) Said person commits an offense if the person:
(a) Fails to cut and remove all such grass, weeds, brush and any objectionable or unsightly
matter as provided in this section as often as may be necessary to comply with this section;
(b) Allows grass, clippings, weeds, leaves or other objectionable or unsightly matter to accumulate on the sidewalk or street around any real property; or
(c) Allows grass, clippings, weeds, leaves or other objectionable or unsightly matter to be deposited or allowed to be deposited into the storm sewer or sanitary sewer system.
(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 City Manager or his or her designated representative will give ten 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 two times within ten 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 ten 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; Am. Ord. O-24-1008, passed 8-20-2024)
Penalty, see § 92.99