(a) Private Property. Care and treatment of a tree, plant, shrubbery or vine on private property is the responsibility of the property owner. A permit from the City is not necessary to trim, prune, top or remove trees, plants, shrubbery or vines on private property. The property owner may contract or hire out such work to another person, firm or corporation.
(b) Nuisance. A tree, plant, shrubbery or vine located on private property, or where any part thereof overhangs and interferes with the use of any street, sidewalk, or other public place, or obstructs a clear and unobstructed view of traffic or traffic control devices from all directions so as to endanger the life, health, safety or property of the public using such public place, is hereby declared a public nuisance. The owner of a lot or land upon which a tree, plant, shrubbery or vine stands with any part upon or overhanging a public way shall comply with the following:
(1) The owner shall remove or trim the tree, plant, shrubbery or vine so that a clear height of eight feet between the lowest branches and a sidewalk or sidewalk area is maintained.
(2) There shall be a clear space of 12 feet above that portion of a street or right-of-way subject to vehicular traffic.
(3) The owner shall remove or trim any tree, plant, shrubbery or vine that interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(4) The owner shall remove or trim, as the case may require, every dead, decayed or broken tree, plant, shrubbery or vine or part thereof, so it shall not fall to the street, sidewalk, public right-of-way or other public grounds.
(c) Removal Notice. The City shall have the right to trim or remove any tree, plant, shrubbery or vine on private property when it interferes with the proper spread of light along the street from a street light, or when it is a potential safety hazard, or when it interferes with the visibility of any traffic control device or sign.
(1) The owner of private property shall remove any tree, plant, shrubbery or vine, or part thereof, dead or otherwise in bad condition, which overhangs or poses a potential safety hazard to persons, adjacent property or public thoroughfares.
(2) The Director of Public Service is hereby authorized to immediately serve upon the owner of such property a written notice that such tree, plant, shrubbery or vine is a safety hazard and must be treated or removed within ten days of the service of such notice. Such notice may be left with the owner, another person at the property location or sent to the owner by certified mail. In cases where the property owner cannot be found, or when a certified letter is returned as undeliverable by the United States Postal Service for any reason, a notice or sign shall be posted upon the affected tree, plant, shrubbery or vine. If such tree, plant, shrubbery or vine is not treated or removed within ten days after the service or posting of such notice or sign, the Director shall cause the tree, plant, shrubbery or vine to be treated or removed, at his or her reasonable discretion, and, if removed, to be disposed of in accordance with current City practices.
(d) Immediate Action. In the event that the Director of Public Service determines that a tree, plant, shrubbery or vine constitutes an immediate danger to public property, public safety, public health or the public welfare, or when it constitutes a public nuisance so as to require immediate action, the Director, upon reasonable determination, shall be empowered to cause the immediate treatment or removal of such tree, plant, shrubbery or vine and assess the costs as set forth in this chapter.
(Ord. 77-2005. Passed 11-28-05.)