The following regulations and requirements shall apply to all trees and flora that border or lies adjacent to any public street, alley, right-of-way, place, or park within the corporate limits of the city.
(A) (1) The owner of any private property in the city that borders or lies adjacent to any public street, alley, right-of-way, place, or park and upon which any trees or flora may be standing shall trim or cause such trees or flora to be trimmed, either at the property line, or to a clear height of at least feet above the service of any abutting right-of-way or place, 14 feet above any public street or alley.
(2) All branches or parts thereof that overhangs any portion of a public street, alley, right-of-way, or place or that obstructs or interferes with the passage of right from any street lighting system, shall be trimmed or cut.
(3) No person shall plant or maintain any tree or any flora so close to any property line so as to obstruct the vision or free passage of pedestrians or motorist along the streets or public right-of-way. The Board of Public Works and Safety or its contractual agent or agents may enter upon private property to do such cutting or trimming as may be necessary to remove any offending and obstructing tree or flora that is prohibited by the provisions of this section.
(B) An owner shall and the city may remove from trees and flora all dead, decayed, broken, or dangerous limbs, branches, or parts thereof or any that overhang or are close to any public street, alley, right-of-way, or place and when any such flora is dead, the owner shall completely remove the same, or after notice to and failure of owner to do so, the Board of Public Works and Safety or its lawful agents may cause such removal and charge the cost thereof to the owner in accordance with the procedures hereinafter provided.
(C) All trees, plants, shrubs, and other vegetation adjacent to a street intersection shall not be allowed to grow higher than 40 inches tall. All trees, plants, shrubs, and other vegetation growing or planted adjacent to the public right-of-way must have foliage trimmed by the owner in a manner which does not interfere with adequate vision by drivers and pedestrians.
(D) (1) If the Board of Works and Safety determines that a violation of this ordinance exist upon private property, the Board of Public Works and Safety or its agent may give a preliminary notice to the owner or occupant of such property either verbally or by posting a notice on the property. Such preliminary notice shall state the nature of the alleged violation, the action deemed necessary to correct the condition complained of and a fix date not sooner than two calendar weeks thereafter, when the property will be inspected to determine if compliance has been effected.
(2) If, upon reinspection, it is determined that the violation has been corrected, the owner or occupant shall not be liable, for any charges by reason of the preliminary notice procedure.
(3) (a) If any violation of this ordinance is not corrected as a result of the preliminary notice, the Board of Public Works and Safety shall give the owner or owners of such real estate written notice of the existence of the condition. Such notice shall be given by first class mail directed to the owner at his or her last and usual place of residence as determined by the records of the County Assessor’s Office.
(b) The notice shall state the nature of the violation, describe the real estate upon which tire condition exists, demand the abatement of the condition and set a date not sooner that two calendar weeks after the date of such notice, when the property shall be inspected to determine if abatement has been effected. If, upon reinspection of the offending real estate, it is determined that abatement has not occurred, the Board of Public Works and Safety or its contractual agent shall enter upon such private property and abate the offending condition.
(E) For its services rendered in the enforcement of this section to any owner or owners, the owner or owners, so effected shall pay the Board of Public Works and Safety or the Clerk-Treasurer of the following charges.
Service | Fee |
Service | Fee |
Any out-of-pocket costs for publication of notice pursuant to this section | |
Determining property ownership | $8 |
Each inspection to determine compliance with the provisions of this section | $10 |
Each time a first-class letter is mailed to an owner or owners | $3 |
Preparing and sending a certified letter | $5 |
Services preformed and perfected a lien | $10 |
Services rendered in the abatement of the violation | $10 per work hour, or fraction thereof |
The actual cost incurred by the Board of Public Works and Safety by the use of each piece of equipment used for abating a violation | |
(Ord. 15-2019, passed 12-23-2019)