(A) The occupant of any private premises, or the owner of the same if not occupied, abutting on any public street, road or alley within the city shall keep all trees standing upon such premises or between the same and the center of the adjoining street, road or alley so trimmed that no bough or branch thereof shall be lower than ten feet above the surface of the street, road or alley, and eight feet over any sidewalk thereon, and shall keep all such trees trimmed so that no trunk, limb or branch thereof shall in any way or at any time come in contact with any street lighting, power or other electrically charged wire when such wires are lawfully strung on posts located on any public street, road or alley or between the lot lines and curb of any street.
(B) Upon the failure of any occupant or owner to trim such trees as in this section provided, the city shall declare such trees to be a public nuisance and shall have the authority to remove or cause to be removed, under its supervision, any trunk, limb or branch of any tree that is, or in the judgment of the city may at any time come, in contact with an electrically charged wire or which shall extend or hang lower than ten feet above the surface of any street, road or alley and eight feet over any sidewalk, whether such trees be growing on privately owned property or on public property. The cost thereof shall be charged to the lot or parcel of ground upon which such trees were or are located. The cost of the removal of any trunk, limb or branch shall be the cost on file in the City Finance Office, which cost shall be determined annually by the City Council. Such lien shall accumulate interest at the rate of 18% per annum until paid. The Director of Public Works or his or her designee shall make a return of such costs and shall file the same with the City Finance Officer or his or her designee, who shall certify the costs to be charged to each lot and tract of land to the County Auditor, together with other taxes, under a separate column headed for the destruction of trunk, limb or branch, and such taxes shall be collected as other taxes in and for the city. The City Finance Officer or his or her designee shall also file a tax lien with the County Register of Deeds.
(Prior Code, § L-2-5) (Ord. 957, passed - -) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-32-12