(a) It shall be the duty of any property owner owning or occupying property bordering on a tight-of-way or treelawn upon which property there may be tree(s) and/or shrub(s), to prune or cause to be pruned such tree(s) and/or shrub(s) in a manner that they will not shade or obstruct street lights, street signs or obstruct pedestrian or vehicular traffic on sidewalks or streets. All tree(s) shall be kept trimmed by the property owner or occupant of such private property to such an extent that the lowest branches of such tree(s) shall not come within nine (9) feet of the ground where they overhang any public sidewalk, public place, or treelawn and not within twenty (20) feet of the ground where they overhang any public street or highway.
(b) It shall be the duty of any person owning or occupying property bordering on an tight-of-way or treelawn upon which property there are any trees or shrubs which are designated by the Administrator as dead, dying, deceased or hazardous or deemed a menace to the health, safety and welfare of the people or the property of the Village of Haskins, to remove or cause to be removed said tree(s) and/or shrub(s).
(c) In either of the above situations, the Administrator shall send a written notice to the property owner indicating the required action (pruning or removal) to be taken. A period of thirty days from the receipt of this written notice shall be permitted for the property owner to effect the indicated action. Should the property owner or occupant fail to comply, it shall be lawful for the Administrator or his agent to enter upon the property and cause such action. The property owner or occupant shall be charged the actual cost to the Village of the work performed and cash payment shall be made within thirty (30) days or the property owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.
(d) In cases where the pruning or removal of a tree(s) which is in violation of the Ordinances of the Village of Haskins is deemed and emergency for the sake of protecting public welfare and safety or the property of the Village, including, but not limited to, the public utilities, then the thirty (30) day notice shall be eliminated at the Administrators discretion and the Administrator or his/her agent shall be allowed to take immediate and necessary action.
(e) At the sole cost of the property owner, the Administrator may remove or cause an order to be removed any trees or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements or property, or is infested with any injury, fungus, insect, or other pest or disease which cannot otherwise be controlled and which pose a risk the public welfare or to other trees in the Shade Tree District.
(f) The Administrator should periodically examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole or other public utility line above or below the surface of the ground which has been reported as dangerous or causing interference with said sewer, drain, manhole or public utility line. The Administrator shall give to the property owner or occupant written notice of their findings and an order that such person remove said tree or injurious part thereof within thirty (30) days from receipt of this written notice. Should the property owner or occupant fail to comply, it shall be lawful for the Administrator or his/her agent to enter upon the property and cause such action. The property owner or occupant shall be charged the actual cost to the Village of the work performed and cash payment shall be made within thirty (30) days or the property owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.
(Ord. 2008-7. Passed 10-20-08.)