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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BRUSH. All trees and shrubs under seven feet in height that are not cultivated and regularly maintained, and because of their condition, constitute a breeding place or harborage for mosquitoes or vermin.
LOT. A tract of real property.
MAN-MADE STRUCTURE. Any permanent structure or device created on a lot that defines a boundary, such as a fence or building.
TREE LIMBS. Any of the main branches arising from the trunk or a bough of a tree.
(Ord. passed
9-10-2019
)
It is unlawful for an owner or occupant of a lot to cause or permit tree limbs or brush to:
(A) Extend within six feet of the edge of city streets or roads. If the distance between the road and any man-made structure is less than six feet, then the limit will be to the man-made structure.
(B) Extend into an area less than fourteen feet above the road and easement boundary described in division (A) above.
(Ord. passed
9-10-2019
)
(A) Except as provided in division (D) below, the Administrator will provide notice to owners of lots found in violation of § 91.21 that they must correct the prohibited conditions within ten days of the notice.
(B) The Administrator will give the notice:
(1) Personally to the owner in writing;
(2) By certified mail letter addressed to the owner at the owner's post office address; or
(3) If personal service cannot be obtained and the owner's post office address is unknown, by:
(a) Publication at least once in a newspaper of general circulation in the city;
(b) Posting the notice on or near the front door of the main building on the lot to which the violation relates; or
(c) Posting the notice on a placard attached to a stake driven into the ground on the lot to which the violation relates, if the lot contains no buildings.
(C) A notice sent to an owner under division (B) (2) of this section may contain a statement that if the owner commits another violation of § 91.21 that poses a danger to the public health or safety on or before the first anniversary date of the notice, the city may correct the violation and assess the expenses against the lot without further notice to the owner.
(D) If tree limbs, trees, or brush on a lot interfere with visibility of on-coming traffic and are an immediate threat to the health, life or safety of any person, the city may correct the condition of the lot under § 91.23 without advance notice to the owner. The Administrator will give the owner notice of the correction within ten days, together with notice of the owner's right to an administrative hearing under § 91.24 if requested in writing within 30 days of the correction.
(Ord. passed
9-10-2019
)
(A) If the owner of a lot does not comply with a notice under § 91.22. the city may:
(1) Cause work to be performed to correct the condition; and
(2) Charge the expenses to the owner of the lot.
(B) The Administrator will execute a statement of the costs of abatement, including an administrative fee of $75, and file the statement as a lien with the County Clerk of the county in which the lot is located. The statement must include the name of the owner, if known, and the legal description of the lot.
(Ord. passed
9-10-2019
)
(A) If a lot owner requests a hearing under § 91.22(D), the Municipal Court Judge will conduct a hearing within 20 days of the request.
(B) If the judge finds from a preponderance of the evidence that trees or brush on the lot encroached on the street or easement within six feet of the edge of the road or were lower than 14 feet above the road surface the city may charge the expenses to the owner and file a lien under § 91.22.
(C) If the judge does not make this finding, the city will bear the expenses.
(Ord. passed
9-10-2019
)
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