§ 51.05 WHAT CONSTITUTES UNWHOLESOME CONDITION.
   (A)   An UNWHOLESOME ENVIRONMENTAL CONDITION exists on private or governmental property whenever any vegetation growing on such property, or easement appurtenant thereto, is abandoned, neglected, disregarded or not cut, mown, or otherwise removed and which has attained a height of 8 inches or more, or violates any valid law, ordinance or regulation of the state, Hancock County, the town, or any departments or agencies thereof.
   (B)   An UNWHOLESOME ENVIRONMENTAL CONDITION also exists whenever any vegetation exists on private property in close proximity to any governmental property or governmental right-of-way or easement which because of its location, size or condition, interferes with the public safety or lawful use of such property, right-of-way or easement, or is in violation of any law of the state or any ordinance of the town, or any regulation of any of its departments or agencies. Specifically, the owner, or person in control of any lot or parcel of land in the town, upon which any tree, shrub, vine or plant may be standing adjacent to any public way shall trim or cause to be trimmed either at the property line or to a clear height of at least 8 feet above the surface of such public way, all branches thereof which overhang any portion of such public way, or which obstruct or interfere with the passage of light from any street lighting system and shall not plant or maintain any thereof so close to any property line as to obstruct thereby the vision of travelers along the streets. The town, or its contractual agent, may enter upon any such private premises to do such trimming, as it determines to be necessary, or to remove any such obstruction herein prohibited. The owner shall remove from such tree, shrub, vine or plan, all dead, decayed, unsightly, broken or dangerous limbs and branches that overhand, or are close to the public way; and when any such tree, shrub, vine or plant is dead, the owner shall completely remove the same.
   (C)   An UNWHOLESOME ENVIRONMENTAL CONDITION exists whenever any private property, governmental property, right-of-way, or easement is abandoned, neglected or disregarded so as to permit the same to become a health hazard or nuisance, with an accumulation of litter or waste thereon, including but not solely limited to wastepaper, rags, cans, bottles, boxes, lumber, metal, garbage, disused or inoperable motor vehicles, trailers or any other machinery, appliances or furniture thereon, unless specifically authorized under existing laws and regulations.
(1989 Code, § 51.05) (Ord. 111578, passed 11-15-1978)