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(a) No person shall plant any tree in the public ways of the City.
(c) Whoever violates this section is subject to the penalty and associated costs provided for in Section 523.99. (Ord. 09-14. Passed 5-4-09.)
(a) Owners of trees, shrubs, or other plant, any part of which overhang or extend over any part of a public sidewalk or public street in the city shall keep such trees trimmed so that there will be a clearance of 12 feet between the street level and the lowest branches; and at no time, determined by the City Manager or Director of Service, shall any part of the tree, shrub, or other plant obstruct the view of a motor vehicle driver on any public right-of-way.
(b) Owners of trees, any part of which overhang or extend over any part of a public sidewalk or lateral strip, shall keep such trees trimmed so that there will be a clearance of 8 feet between the sidewalk or lateral strip, as the case may be, and the lowest branches.
(d) Whoever violates this section is subject to the penalty and associated costs provided for in Section 523.99.
(Ord. 09-14. Passed 5-4-09.)
(a) In the event of a violation of this section written notice shall be served on the owner, occupant, or person having charge of the premises upon which the vegetation, vegetation waste, tree, shrub, or plant exists and shall be effectuated by any of the following:
(1) Personal service;
(2) Certified Mail;
(3) Posting of the notice on the land in the event that personal service is unsuccessful and that tree, shrub, or plant is obstructing the view of a motor vehicle driver on a public right-of-way;
(4) Posting of the notice on the land in the event that personal service and service by certified mail are unsuccessful and that tree, shrub, or plant is not obstructing the view of motor vehicle driver on a public right-of-way, but is otherwise in violation of this section.
(b) The notice shall contain the date of service, the address of the real property on which such tree or vegetation exists, and it shall advise the date that removal or trimming of the tree, vegetation, waste, shrub, or plant is to be completed without being subject to the penalty in Section 523.99.
(1) The owner or occupant of the land shall have seven days from the date of service of the notice to remove or trim the tree or vegetation that is not in compliance with this section provided that the tree, vegetation, shrub, or plant is not obstructing the view of a motor vehicle driver on a public right-of-way.
(2) In the event that the tree, shrub, or plant is obstructing the view of a motor vehicle driver on a public right-of-way, the owner or occupant of the land shall have one day from the date of service to remove or trim the vegetation that is not in compliance with this section.
(Ord. 09-14. Passed 5-4-09.)
(a) After notice has been served and the appropriate time to cause the violation to cease has elapsed violator is subject to the penalties herein and each day of continuing violation is a separate offense. The Director of Service or the City Manager shall cause the necessary removal, trimming, or cutting of the tree, shrub, plant, or vegetation and may employ the necessary labor to perform such work or cause it to be done. Whoever violates this section shall pay two hundred fifty dollars ($250.00) for each offense plus all the costs associated with trimming or removing the vegetation along with any costs associated with disposing or discarding the material removed or trimmed. These costs may include the actual costs of a private contractor. Whoever violates this section shall have no say or opinion as to who is hired to trim, remove, or discard the vegetation that is not in compliance with this section.
(b) If, after thirty days, such amount remains unpaid or in the instance where the address of the owner is unknown, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the County Auditor, to be entered on the tax duplicate, to be a lien on the land from the date or entry and to be collected as other taxes and assessments and returned to the city, pursuant to Ohio R.C. 731.54. (Ord. 09-14. Passed 5-4-09.)