(A) It shall be unlawful for the owner or occupant of any lot or parcel of ground within the city to allow the branches or limbs of any trees growing thereon to extend over any sidewalk, street, or alley abutting or adjacent to the lot or parcel of ground below a height of eight feet from the ground. The owner or occupant of the lot or parcel of ground shall at all times keep the branches or limbs of the trees trimmed to the height of at least eight feet above the surface of the sidewalk, street, or alley.
(B) Whenever the limbs or branches of any tree extends over the sidewalk, street, or alley contrary to the provisions of this section so as to interfere with the convenience or safety of the public using the sidewalk, street, or alley, it shall be the duty of the Street Superintendent or other appointive officer designated by the Mayor to notify in writing the owner or occupant whose lot or lands abut the sidewalk, street, or alley to cut, trim, and remove the limbs or branches, and if the limbs or branches are not cut, trimmed, and removed within five days after the notice is given, the limbs and branches shall be cut, trimmed, and removed at the expense of the city. The money thus expended shall be recovered by the city from the owner or occupant of aforesaid before any court of competent jurisdiction, or shall be assessed as a special tax upon the property owner and be collected as a special tax assessment.
(C) Branches of trees, whether the tree is a street tree or is on private property abutting the right-of-way of a public street or alley, shall be kept pruned in such manner as not to obstruct light from any street light on the street, or the view from any street intersection on the part of the operator of a vehicle approaching the intersection. Branches overhanging the sidewalk, a portion of the street used by vehicles, or an alley shall be kept pruned to a height not less than ten feet above the surface of the sidewalk, and not less than 12 feet above the surface of such portion of the street and of alleys. Any tree which, because of an unsafe condition is hazardous to persons or property on a sidewalk or portion of a street used by vehicles; any tree which by its nature is injurious to utility, sewer, water, or gas lines or other public improvements situated within the right-of-way of a street or alley; and any tree, whether a street tree or a tree situated on private property, which is affected by any injurious insect, disease, dead or dying shall be removed. Any branches referred to herein above which are not pruned as herein above provided, and any trees referred to in the immediately preceding sentence, are hereby declared to be a public nuisance.
(D) It shall be the duty of any person who owns, occupies, or has the control or management of any lot or tract of land on which is situated, or which abuts a portion of the right-of-way of a public street or alley on which is situated, a tree having branches referred to in § 97.04(A), to cause all such branches to be pruned as required in such section, or any tree that is unsafe or injurious or affected by an insect or disease, dead or dying as provided in such section, to cause such tree to be removed.
(Prior Code, § 95.04) (Ord. 467, passed 8-18-1964; Ord. 1417, passed 10-24-1989) Penalty, see § 95.99