1353.075 TRIMMING AND PRESERVATION OF TREES; REMOVAL OF DANGEROUS TREES.

   (a)    It shall be the responsibility of every property owner or occupant to maintain the trees on his property, including exterior property areas and tree lawn trees, in a safe and healthy manner, as to avoid hazards to persons, property and other vegetation.

   (b)    The Building Commissioner and/or Service Director, in consult with the Village’s certified arborist, shall, from time to time, inspect the trees and shrubs located upon the exterior property areas and tree lawn. The Building Commissioner, Service Director, or the Village’s certified arborist shall first seek the property owner's permission to conduct such an inspection. Should the property owner object to the inspection, the Building Commissioner and/or Service Director may seek, from a court or magistrate of competent jurisdiction, a warrant to inspect the exterior property areas in accordance with this section. Should a condition of extreme danger to persons, neighboring property or public thoroughfares, be known to exist, the warrant requirements of this section may be dispensed with, but only if there is reasonable cause to believe that the delay involved in compliance with the warrant requirement would pose a serious imminent danger to person or property.

   (c)    Upon finding that any tree or part thereof constitutes a nuisance to persons, neighboring property or public thoroughfares, property or other vegetation, the Building Commissioner and/or Service Director shall direct, by written notice, the property owner to trim, preserve and/ or remove the tree.

      (1)    The method of service of the written notice shall be in accordance with one or more of the methods specified in Section 1353.08.

      (2)    The notice shall set forth the time limit for compliance which, in no instance, shall be longer than fourteen (14) days from the date of the written notice.

   (d)    If at the end of the time period set forth in the notice, the tree has not been trimmed, preserved or removed, it shall be declared a nuisance, and the Building Commissioner and/or Service Director shall have the tree trimmed, preserved or removed, as the case may be, and costs assessed in accordance with the procedures set forth in Section 1357.02.

   (e)    A tree shall be deemed a nuisance if it or any part of it:

      (1)    Appears dead, dangerous to persons, neighboring property or public thoroughfares, or likely to fall;

      (2)    Is not pruned to a height of thirteen (13) feet above the street to accommodate vehicles such as garbage trucks, buses and street maintenance trucks;

      (3)    Is not pruned to a height of nine (9) feet above the sidewalk;

      (4)    Obstructs a curb, gutter, street or sidewalk;

      (5)    Interferes with sewers;

      (6)    Interferes with a planned public improvement.

         (Ord. 2013-15. Passed 1-21-14.)