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(A) Responsibility. Trees and shrubs in the boulevard areas are property owner’s responsibility, not the city’s.
(B) Prohibitive obstructions. No tree or herbaceous plant or shrub shall be planted or allowed to grow so as to obstruct the view or passage of any vehicular traffic on streets, pathways or alleyways or pedestrians on pathways or sidewalks.
(C) Trimming of trees. Private property trees, shrubs and any other herbaceous plants must be trimmed so as not to cause a hazard to persons or property on abutting property. All trees shall be pruned to sufficient height to allow free passage to pedestrians and vehicular traffic nine feet over sidewalks and pathways and 13 feet over streets, pathways and alleyways. Trees/shrubs growing in or next to buildings is not allowed. Storm damaged trees are to be cleaned up and maintained by property owner after inclement weather/wind situations to avoid undue injury to person and property.
(D) Tree and stump removal. Damaged/diseased/deceased trees need to be removed from boulevards and properties. Tree stumps also need to be removed from properties and boulevards for safety reasons. Tree and stump removal is the property owner’s responsibility, not the city’s.
(E) Assessment. If the provisions of the foregoing sections are not complied with, the city shall send notice to the owner of record of the property and to any lessee or occupant or any person having control of any lot or parcel of land via first class mail, postage prepaid, demanding compliance with this section. If the person to whom the notice has been sent fails, neglects or refuses to comply with the provisions of this section within seven days after the mailing of the notice, the city shall cause the duties to be performed so as to bring the property into compliance, and the actual cost, plus 15% for inspection and other costs in connection therewith, shall be certified by the City Clerk to the owner of record of the lot or parcel. If payment for the performance of the duties is not received by the City Clerk within 30 days of the certification, the charges shall become a lien upon the affected property and shall be added to, and become part of, the taxes next assessed upon the lot or parcel of land and shall be collected in the manner of the other taxes and assessments.
(F) Penalty. Any person who shall neglect, fail or refuse to comply with the provisions of this section, or who shall resist, obstruct or harass any person hired by the city to perform the duties necessary to comply, may be subject to penalty by criminal prosecution. Violators subject to criminal prosecution and subsequently found guilty shall be guilty of a petty misdemeanor.
(Ord. 102, passed 3-14-2011) Penalty, see § 90.99