(A) It shall be unlawful for any property owner in the city to permit the limbs and branches of any vegetation to be and remain over and above: (1) any sidewalk to a distance of less than eight feet above the surface of a sidewalk, or (2) any street to a distance of less than ten feet above the surface of a street. It is the duty of an adjacent property owner to keep all vegetation cropped and trimmed in compliance with this section on being notified in writing by the city to do so, or upon the property owner’s initiative upon obtaining a permit to do so, excepting only incidental cropping or trimming for which no such permit shall be required. It is further the duty of an adjacent property owner to provide care for such trees sufficient to keep them, or parts of them, from becoming a nuisance, or hazard to the public health, welfare, and/or safety on the property owner’s initiative, excepting, however, that this responsibility does not eliminate the need for permits otherwise required by this Code or other applicable authority.
(B) Whenever any vegetation is found not to be in compliance with the provisions of sub-section (A), the Director of Public Works and Engineering or his designee shall give the property owner written notice to trim such vegetation within five days of receipt of the notice, and on failure of the owner to do so then the Director of Public Works and Engineering or his designee may cause the vegetation to be trimmed and the cost of the work shall be charged to the owner. If within 30 days of billing, the owner fails to pay those charges, then the city may file suit in a court of competent jurisdiction to collect the amount due for that work.
(Ord. 21-C-18, passed 10-8-18) Penalty, see § 102.99