(A) No person owning real estate abutting upon a street or alley in the city shall permit shade trees located in the street or alley on the side and portion thereof which is nearest and adjacent to the real estate, to stand, lean, or lie in a dangerous or unsafe condition or position. Any shade tree in a dangerous or unsafe condition or position is deemed to be a public nuisance and shall be repaired or removed by the abutting owner so as to correct and relieve the dangerous or unsafe condition or position of the trees. A dangerous or unsafe position of a tree is any condition or position wherein a tree leans from an upright position in such a manner that the hazard of falling is evident; where a limb is broken or splitting off from the trunk of the tree; where the limbs hang in such a low manner as to obstruct the view of persons using the alley or street or interfere with the passage of vehicles thereon; where a tree in any manner blocks or interferes with the traveled portion of a street or alley; where a tree becomes decayed or dead, thereby weakening its structure so that the danger of falling or breaking is imminent; or any other condition or position that threatens injury or damage to persons using the street or alley.
(B) Any person found to be violating any provisions of this section shall be served by the Director of Public Service and Safety with written notice by registered mail with return receipt requested, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(Ord.37-1975, passed10-28-75; Am. Ord. 14-2007, passed 6-26-07) Penalty, see § 93.99