(A) It shall be unlawful to plant trees and shrubs within the right-of-way of any street within the town, including the area between any sidewalk and street, which is also part of the street right-of-way.
(B) Any owner of real estate planting any trees along any street in violation of division (A) above shall remove or cause to be removed the same within ten days after receiving a notice from the Town Council. Nothing in this division (B) shall authorize the Town Council to order the removal of any tree in good condition which has been planted prior to the enactment of this section.
(C) The owner or occupant of any property abutting any street upon which a tree or shrub is located within a right-of-way shall remove or trim any such tree or shrub or part thereof which may be in a dangerous condition, including those which are dead or dying, or which may project over the street or sidewalk in such a manner that the limbs or branches thereof will not permit free and unobstructed passage of pedestrians and vehicles and an unobstructed view of traffic signs.
(D) Upon failure of any owner of real estate to comply with division (A), (B) or (C) above, after being served with notice by the Town Council, the town shall cause the work so ordered to be done at any time after the expiration of 15 days after the date of mailing. It shall be presumed that the notice specified was received by the owner or occupant of the real estate if mailed by U.S. mail with postage affixed thereon.
(Ord. 11-007, passed 8-1-11; Am. Ord. 11-10, passed 11-21-11)