The owner of every lot or parcel of land within the City upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street, sidewalk, or land belonging to another, shall conform to the regulations herein provided, or the City may cause such tree, plant or shrubbery to be trimmed or cut down and removed and assess the cost thereof against the owner of such lot or parcel of land.
(a) Clear Height. Such owner shall trim or cause to be trimmed any tree, plant or shrubbery so that a clear height between the lowest branch of the same and the sidewalk, or land belonging to another, shall be eight (8) feet, and fourteen (14) feet overhanging a street.
(b) Dead Trees. Such owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the street, sidewalk, or land belonging to another.
(c) Bushes, Hedges. Bushes, hedges, shrubs located in the front yard shall not exceed four (4) feet in height and shall maintain three (3) feet clearance from the front lot line.
(d) Vegetation. All plant materials (especially trees and shrubs) which are dead, afflicted with decay, disease, insect infestation, or otherwise considered dangerous to other plant material or property shall be removed or appropriately treated.
(e) Visibility. Such owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using the street or sidewalk.
(f) Notice to Comply. Upon determination this Section has been violated, the Code Official shall cause notice to be served as prescribed in Chapter 1404 advising such owner that they have not more than five (5) days in which to cause such vegetation to be cut, trimmed, or removed.
(g) Failure to Comply. Upon expiration of five (5) days, if the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with this section, the Code Official may cause such tree, plant or shrubbery, or any part thereof, to be trimmed or removed. After such work is done, the City shall give five (5) days notice, by regular mall, to the owner of such lot or parcel of land, at his or her last known address, to pay the cost of such trimming or removal. Such notice shall be accompanied by a statement of the amount of cost incurred, and if the same is not paid within thirty days after the mailing of such notice the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected. The remedy provided for in this subsection is in addition to the penalty provided in subsection (h) hereof.
(h) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a fourth degree misdemeanor for the first offense and for each subsequent offense the person shall be guilty of a misdemeanor in the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1459-02. Passed 5-9-02.)