(A) City to control tree planting (standards). The city shall have control and supervision of planting shrubs and trees upon, or overhanging, all the streets or other public property. The city may establish and enforce uniform standards relating to the kinds and types of trees to be planted and the placement thereof. The standards shall be kept on file in the office of the City Manager and may be revised from time to time by action of the Council upon the recommendation of the City Manager.
(B) Duty of property owners to cut grass and weeds and maintain trees and shrubs.
(1) Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of the property nearest to the street to the center of the street.
(2) If the grass or weeds in such a place attain a height in excess of six inches, it shall be prima facie evidence of a failure to comply with this division (B).
(3) It shall also be the duty of every owner and every occupant of property to keep all trees, on the property owned or occupied, and overhanging any sidewalk, street or alley, so trimmed that no branches are closer to the curbline or pavement edge of any street or alley than 14 feet, and so that no branches are closer to the sidewalk than eight feet.
(4) All limbs of trees not kept trimmed as provided herein are declared to constitute a public nuisance.
(C) City may order work done. The city may, in cases of failure to comply with this section, perform the work with employees of the city, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting upon the street.
(D) Assessment.
(1) If the maintenance work is performed by the city as set forth in the foregoing division (C), the City Manager shall forthwith upon completion thereof ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Manager shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof.
(2) When the certificate has been approved, it shall be extended as to the cost therein stated as a special assessment against the abutting land and the special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.
(2003 Code, § 7.08) (Ord. 18, passed 8-24-1990)