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(a) Trees and shrubs obstructing traffic. No property owner shall permit to stand upon his or her property any tree, shrub or other plant, or part thereof, which is deemed by the Director of Public Safety and/or his or her designee to be hazardous or a menace to the safe movement or control of vehicular traffic upon the streets due to the obstruction by such tree or shrub, or other plant, or parts thereof, to the view of any street light, traffic control device, traffic control signal or any public street intersection.
(b) Notification to correct condition.
(1) Whenever the Director of Public Safety and/or his or her designee has knowledge of a hazard or menace to the safe movement or control of traffic by reason of the obstruction of the view of any street light, traffic control device, traffic control signal or of any public street intersection by any tree, shrub or other plant, or parts thereof, planted on private property, he or she has the authority and it is his or her duty forthwith to notify in writing the owner, agent or person having charge or control of the property, or in lieu thereof, the person in possession, requiring such trimming, changes, transplanting or removal to be made as is deemed by him or her to be necessary to correct the condition which he or she describes. The Director shall set a time within which such condition shall be corrected which shall not be less than 24 hours from the time of notice.
(2) Whenever the Director of Public Safety and/or his or her designee is unable to find the owner of such property, or the agent or person in charge or control thereof, or any person in possession of the premises upon which such notice may be served, he or she shall address, stamp and mail such notice by certified mail to such person at the last known address.
(c) Duty to comply with notice.
(1) The owner of any tree or shrub or other plant, or part thereof, which is deemed by the Director of Public Safety and/or his or her designee to be in violation of this section shall, at his or her own expense, upon the notice in division (b) of this section, remove such obstruction by trimming, transplanting or removing the same.
(2) No property owner shall neglect or refuse to comply with the notice of the Director of Public Safety and/or his or her designee under division (b) of this section within the time specified in such notice for the removal of such obstruction to view, and the completion of the work required in such notice by trimming, changing, transplanting or removing such trees, shrubs or other plants, or parts thereof, and correcting the condition described in the Director’s notice.
(d) Misdemeanor classification. Whoever violates this section or fails to comply with a legal notice pursuant thereto is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. C42-74. Passed 7-1-74; Ord. C27-93. Passed 3-15-93.)