903.01 Safety requirements.
903.02 Notice to trim.
903.99 Penalty.
CROSS REFERENCES
Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Assessments for tree planting or maintenance - see Ohio R.C. 727.011
Notice to cut noxious weeds - see GEN. OFF. 521.10
Injury or destruction - see GEN. OFF. 541.06
(a) All trees and shrubbery along streets, sidewalks and alleys shall be kept trimmed so as to permit safe passage by vehicles and pedestrians, and a clear and unobstructed view of traffic and traffic control devices, including public lights or lamps.
(b) There shall be a clearance of fourteen feet between streets and the lowest branches of trees and shrubbery.
(c) There shall be a clearance of nine feet between sidewalks and alleys and the lowest branches of trees and shrubbery.
(d) Any trees or shrubbery along any street, alley or sidewalk that creates a safety hazard or does not comply with this chapter shall be removed by the property owner.
(Ord. 99-27. Passed 5-17-99.)
(a) Upon obtaining information that trees or shrubbery on applicable lots or lands is in violation of the requirements set forth in Section 903.01 hereof, the Manager or designee shall cause written notice to be served on the owner or person having charge of such lots or lands that such trees or shrubbery shall be trimmed or removed within ten days after service of such notice. Notice shall be sent by certified mail. If the address is not known or certified mail is not accepted or received, it shall be sufficient to publish such notice one time in a newspaper of general circulation in the Municipality.
(b) If the owner or person having charge of lots or lands in violation of this section fails to comply with the notice within the time period stipulated, the Manager or designee is authorized to enter upon such lots or lands and shall cause such trees or shrubbery to be trimmed or removed by the direct employment of Municipal laborers or shall authorize a person to trim or remove such trees or shrubbery on behalf of the Municipality. All expenses and costs incurred shall be paid out of municipal funds appropriated by Council for this purpose.
(c) When the Manager or designee causes trees or shrubbery to be trimmed or removed, a statement of cost thereof shall be mailed to the owner of such lots or lands by certified mail, return receipt requested. Such statement of cost shall include the following:
(1) Administration and supervision;
(2) Transportation of personnel and equipment;
(3) Equipment rental;
(4) Equipment operator;
(5) Incidental labor; and
(6) Cost of equipment damages or repairs directly related to the work performed on the owner’s property.
(d) When a person not directly employed by the Municipality is authorized to perform such work, a statement shall be for one hundred twenty-five percent (125%) of the contractual cost. If payment is not forthcoming within thirty days of receipt of the statement, Council shall cause all costs incurred by the Municipality in trimming or removing such trees to be entered upon the tax duplicate and shall be a lien upon such lots or lands.
(e) Each notice to trim or remove trees or shrubbery shall state that if the notice is not complied with within the time limit provided therein, in addition to the penalty provided in Section 903.99, costs incurred by the Municipality in trimming and removing trees or shrubbery shall be entered upon the tax duplicate and shall be a lien upon such lots or lands.
(Ord. 99-27. Passed 5-17-99.)
Any owner or person having charge of or responsibility for maintenance of the lots or lands within the Municipality who fails to comply with any of the provisions of this chapter shall be guilty of a minor misdemeanor. Each day’s violation shall constitute a separate offense. (Ord. 99-27. Passed 5-17-99.)