151.06 OBSTRUCTION.

1.   Trees on public or private property bordering on any street shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular travel and so they will not obstruct or shade the street lights, the vision of traffic signs or the view of any street intersections. The minimum clearance of any overhanging portion of such trees shall be nine (9) feet over sidewalks and eighteen (18) feet over all streets.

2.   Public Property. The maintenance of the parking or terrace of public right of way shall conform to Section 135.10.

3.   Private Property. When the City Administrator or designee shall find it necessary to order obstructing trees on private property to be trimmed, the City Administrator or designee shall cause written notice to be served on the property owner requiring such trees to be trimmed to the minimum heights set out above within thirty (30) days after receipt of the said notice. The notice required herein shall be served by mailing a copy of the notice to the last known address of the property owner by certified mail. If the City Administrator or designee is unable to secure notice on the property owner, said written notice may be served on the occupant or person in charge of the property in the same manner as set out herein.

4.   Failure to Comply. When a person to whom such notice is directed shall fail to comply within the specified time, the City Administrator or designee shall cause the trees to be trimmed and the exact cost of such work shall be certified by the City Administrator or designee to the County Treasurer to be collected with and in the same manner as general property taxes.

151.07 DISEASE CONTROL.

Any dead, diseased or damaged tree or shrub which may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance. The City Administrator or designee shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the following:

1.   City Property. If it is determined that any such condition exists on any public property, including the strip between the curb and the lot line of private property, the City Administrator or designee may cause such condition to be corrected by treatment or removal. The City Administrator or designee may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon.

2.   Private Property. If it is determined with reasonable certainty that any such condition exists on private property and that danger to other trees or to adjoining property or passing motorists or pedestrians is imminent, the Clerk shall notify by certified mail the owner, occupant or person in charge of such property to correct such condition by treatment or removal within fourteen (14) days of said notification. If such owner, occupant or person in charge of said property fails to comply within fourteen (14) days of receipt of notice, the City Administrator or designee may cause the condition to be corrected and the cost assessed against the property.

151.08 INTERFERENCE WITH CLERK.

No person shall hinder, prevent, delay or interfere with the City Administrator or designee or any of the City Administrator or designee's assistants while they are engaged in carrying out the execution or enforcement of this chapter; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.