(a) No owner, occupant or lessee of private property, or his agent, shall permit, allow or maintain any dead, diseased, decayed or damaged trees, shrubs or branches or parts thereof which overhang or interfere with or may, due to their condition, overhang, interfere with or collapse upon public sidewalks, public property, public rights-of-way, public or private streets or roadways or utilities serving the public. Said owners, lessees or occupants of private property also shall remove or trim trees or shrubs or parts thereof which obstruct public view of traffic or public safety signs located within public rights-of-way. It shall be the responsibility of every property owner or occupant to maintain trees or shrubs on their property in a safe and healthy manner, properly trimmed and pruned so to avoid hazards to persons on public property, to public property or to utilities serving the public.
(b) The Town Manager may seek entry to private property in order to inspect trees and shrubs upon said property to determine compliance with this article. The Town Manager shall first seek the property owner's/lessee's permission to conduct such an inspection. Should the property owner/lessee object to the inspection, the Town Manager may seek, from a court of competent jurisdiction, a warrant to inspect the premises in accordance with this article and applicable Florida law. Should a condition of extreme danger or imminent peril to public property, persons on public property or to utilities serving the public be known to exist or readily apparent, 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 an imminent peril or extreme danger to persons on public property, public property or to utilities serving the public.
(c) Upon finding that any tree or shrub or part thereof constitutes a nuisance, an imminent peril or extreme danger to persons upon public property, public property or utilities serving the public, the Town Manager may direct the property owner, lessee or other person to remove, treat or trim the tree or shrub to such a degree and in such a manner as the Town Manager shall determine will correct the nuisance, imminent peril or extreme danger. Service of an order by the Town Manager to accomplish the foregoing may be in the manner specified in Section 162.12, Florida Statutes. The order shall set forth the time limit for compliance, which shall depend upon the degree of extreme danger, imminent peril or nuisance created by the tree or shrub. In cases of imminent peril or extreme danger to public property, persons on public property or to utilities serving the public, the Town Manager shall have the authority to require immediate compliance.
(d) If, at the end of the time period set forth in the order, the tree or shrub has not been removed or trimmed as directed, it may be declared a nuisance and the Town Manager may have the tree or shrub removed or trimmed as appropriate to avoid the extreme danger or imminent peril. The costs of his service, including labor, equipment and materials, may be assessed to the private property owner. A tree or shrub may be deemed a nuisance if it, or any part of it:
(1) Appears dead, decayed, diseased, insect infested, dangerous or likely to fall on public property, persons on public property or utilities serving the public;
(2) Is not pruned to a height of 14 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 feet above the sidewalk;
(4) Obstructs a curb, gutter, street or sidewalk;
(5) Interferes with sewers;
(6) Is in dangerous proximity to interfere with utilities serving the public; or
(7) Interferes with a planned public improvement.
(Ord. 90-08, passed 12-19-90)