(A) Every owner of any tree on private property overhanging any street or right-of-way within the city shall trim the branches so that they 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 above the surface of the street or right-of-way. The owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to trim any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility on any traffic-control device or sign, the trimming to be confined to the area immediately above the right-of-way. Trees may be planted and maintained in this area, provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. (‘83 Code, § 95.11)
(B) When the Director shall discover that any tree growing on private property within the city is afflicted with any dangerous and infectious insect infestation or tree disease, he shall forthwith serve a written notice upon the owner or his agent, or the occupant of the property, describing the tree, its location, and the nature of the infestation or tree disease, and ordering the owner, agent, and occupant to take any measures as may be reasonably necessary to cure the infestation or disease and to prevent the spreading thereof, specifying the measures required to be taken. The order may require the pruning, spraying, or destruction of trees as may be reasonably necessary. Every notice shall be complied with, within ten days after service thereof, upon the owner, agent, or occupant of the property on which the afflicted tree is located, or within any additional time as may be stipulated in the notice. (‘83 Code, § 95.12)
(C) In case the owner, agent, and occupant of the property refuse to carry out the order of the Director within the time limit, or in case of an appeal, within five days after the Council shall have affirmed the order, the Director shall carry out the pruning, spraying or destruction of the trees as deemed necessary by him, and shall bill the owner, agent or occupant of the property for the cost thereof. In case the owner of the property shall fail to pay the bill within 30 days after it has been rendered, the Director shall report it to the City Council for collection as a single lot assessment against the property in accordance with the Charter. The Director may, without serving the above notice, when the owner or occupant of any private property shall consent thereto and pay the reasonable cost thereof, cause trees growing on private property to be sprayed when he deems the same necessary on account of any infestation or disease or threat thereof. (‘83 Code, § 95.15)
(D) The Director and his assistants and employees shall have authority to enter upon private premises for the purpose of examining any trees, shrubs, plants, or vines for the presence of destructive insects or plant diseases. No damages shall be awarded for the destruction of any tree, shrub, plant, or fruit, or injury to the same, if done by the Director or under his direction, in accordance with this chapter. (‘83 Code, § 95.16)
(E) On residential streets, the abutting owner or occupant may maintain a planting strip on the lawn extension between the sidewalk and curb, and may plant flowers, trees, and shrubbery therein in conformity with this chapter. No person shall wilfully injure or destroy any grass, flower, tree, or shrub upon any planting strip, or throw any papers, refuse, or other debris thereon. No person shall drive an automobile, bicycle, or other vehicle upon or over any planting strip. (‘83 Code, § 95.17)
(Ord. 78-009, passed 4-3-78) Penalty, see § 10.99