Every owner of any tree overhanging any street or right of way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. It shall be the duty of the City Codes Enforcement Officer of the City of Flemingsburg, or other responsible officer designated by the Mayor, to notify the owner of any real estate within the city of a condition which constitutes a menace to the safety of the public, directing the property owner to comply with this subsection. Said notice shall contain a provision for the property owner to abate the menace within five (5) days unless the menace constitutes an immediate danger to the health and well being of the public. If the menace constitutes an immediate danger, the owner shall abate the danger within twenty-four (24) hours of receipt of the notice. Notice shall be served upon owners by certified mail, but if the whereabouts of the owner is unknown and cannot be ascertained in the exercise of reasonable diligence, the City Codes Enforcement Officer shall make an affidavit to that effect, and the serving of notice shall then be made by publication in a newspaper of general circulation for two (2) consecutive issues. If the owner so served does not abate the menace within the prescribed amount of time, the city shall have the right to prune any tree or shrub on private property when it interferes with the proper spreading of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
(Ord. 12-12-1, passed 12-10-12) Penalty, see § 99.99