For the purposes of this Chapter, the following conditions occurring on privately owned or controlled property are declared to be public nuisances:
(a) Any tree the Service Director or City Forester determines to be diseased and/or hazardous and is apt to fall in whole or in part across any street, sidewalk or public place.
(b) Any grass or weeds in excess of eight inches (8") in height on any lot, whether improved or unimproved.
(c) Any shrub, bush, "living fence" and/or hedgerow exceeding three feet (3') in height located within twenty-two feet (22') of an intersection of two (2) or more sidewalks. Distance will be measured from the point of intersecting sidewalk lines. Where no curbs exist, measurement will be from the point where the sidewalk would intersect if it were to be installed.
(d) Any non-woody or woody perennial plant growing on private property or any portion thereof, encroaching into any public street, sidewalk, alley, or restricting the flow of traffic or visibility of such public property shall be trimmed back as follows:
(1) Non-woody plants shall have a minimum clearance of one foot (1') from the inside edge of the sidewalk and a maximum height of three feet (3').
(2) All woody perennials shall have a minimum clearance of thirteen feet (13') from the surface of the street; a minimum clearance height of eight feet (8') above the surface of any public right-of-way; and minimum clearance of one foot (1') from the inside edge of the sidewalk.
(e) Broken glass, stumps, roots, filth, garbage, trash, debris, motor vehicle parts, boat or trailer parts, or parts thereof, in a condition of disrepair or deterioration.
(f) The City may from time to time conduct tests, analyses, and inspections as the Service Director or City Forester deems necessary to determine the existence of a public nuisance and/or diseased or hazardous tree throughout the City. All such tests, analyses, and inspections shall be at the sole cost and expense of the City. (Ord. 50-04. Passed 4-12-04.)