(a) (1) The owner of a tree which overhangs any street, sidewalk or other public right of way within the City shall prune the branches of the tree so that such branches:
A. Do not obstruct the light from any street lamp to the extent that a hazard to public safety is created;
B. Do not obstruct the view of motorists and pedestrians of any traffic control device or intersection; and
C. Leave a clear space at least fourteen feet above the surface of any street and eight feet above the surface of any sidewalk.
(2) The owner of an immature tree which might be damaged or killed by pruning in accordance with this section may request exemption from the provision of this section from the Director. Such exemption shall be requested and received from the Director on an annual basis for each calendar year.
(b) Upon information that any tree located on private property presents a risk of harm to persons or property by virtue of requiring pruning, or harbors diseases or pests which constitute a potential hazard to other vegetation in the City which can be affected by the treating of such tree, the Director shall cause notice to be served on the owner or person in charge of such land that the tree shall be pruned or treated within no more than fourteen days after the date of such notice. Such notice shall be given by certified mail or by personal service upon the owner of the tree. In the event that the owner cannot be located or served by mail or in person, then such notice shall be given by publication in a newspaper of general circulation with the City.
(c) Should the owner or person having charge of any such land fail to comply with the notice, then the Director shall have the authority to enter upon such land and cause the pruning and/or treating of such tree which creates any of the conditions specified in subsections (a)(1) and (b) hereof or in the opinion of the Director otherwise poses a hazard to public safety, and all cost or expense thereof, in accordance with a schedule of fees approved by Council, shall be assessed against such land and certified and collected as provided in the case of other assessments levied by Council. The expense so assessed shall include the cost of pruning and/or treating, the cost of any publication pursuant to this chapter, the cost of calculating, levying and collecting such assessment, and any other necessary expense.
(Ord. 56-1992. Passed 5-18-92.)