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985.03 PLANTING PROHIBITED ON CITY EASEMENTS.
   (a)   The planting of trees and bushes on City easements is hereby prohibited.
   (b)   Trees and bushes planted on City easements shall be removed by the City, all costs thereof shall be billed directly to the property owner(s) and/or assessed against the property owner(s) and collected as other taxes are collected.
(Ord. 2013-04. Passed 3-18-13.)
985.04 PERMITTED TYPES IN DEVIL STRIP.
   (a)   The City Administration has established an approved list of trees which may be planted in the “devil strip”, that area between the sidewalk and the street or in the street right-of- way. Any trees planted must be approved by the City prior to the planting. Said approved list may be changed from time to time as necessary.
   (b)   Trees planted in the devil strip, between the street and sidewalk or in the street right-of-way and not on the list noted in subsection (a) hereof, may be removed by the City, all costs thereof shall be billed directly to the property owner(s) and/or assessed against the property owner(s) and collected as other taxes are collected.
(Ord. 2013-04. Passed 3-18-13.)
985.05 REMOVAL OF DANGEROUS TREES ON PRIVATE PROPERTY.
   (a)   Trees on private property that are dead, diseased, or otherwise in bad condition, and constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City shall be removed by the owner of the property upon written notice from the City Manager or his designee. Failure to comply with the notice shall cause such trees to be removed by the City and the costs thereof shall be billed directly to the property owner(s) and/or shall be assessed against the property owner(s) and collected as other taxes are collected.
   (b)   The notice to remove may be appealed to the Planning and Zoning Commission. The appeal must be in writing and submitted to the City Clerk within ten days of receipt of the notice to remove a tree. Planning and Zoning Commission shall determine the validity of the appeal, and make a decision based upon the information presented. Should the appeal be denied, the property owner shall remove the tree within fourteen days, or the work will be performed by the City, as per the requirements of this section.
(Ord. 2013-04. Passed 3-18-13.)
985.06 PRUNING REQUIRED; NOTICE; FAILURE TO COMPLY.
   (a)   It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they shall not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be ten feet over sidewalks, and thirteen feet six inches (13'6") over all streets except truck thoroughfares, which shall have a clearance of sixteen feet.
   (b)   Notice to Prune. Should any person owning real property bordering on any street fail to prune trees as herein above provided, the City Manager or his designee shall order such person or persons, within three days after receipt of written notice, to so prune such trees.
   (c)   Failure to Comply. When a person to whom an order is directed shall fail to comply with the specified time, it shall be lawful for the Municipality to prune such trees, and the cost thereof shall be billed directly to the property owner(s) and/or shall be assessed against the property owner(s) and collected as other taxes are collected.
   (d)   The City has the right to prune any such trees that obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection, without written notice.
(Ord. 2013-04. Passed 3-18-13.)
985.99 PENALTY.
   Whoever violates or fails to comply with any of the provisions of Section 985.01 to 985.06 shall be guilty of a minor misdemeanor and when convicted shall be fined a sum of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).
(Ord. 2013-04. Passed 3-18-13.)