(a) The owner of every lot or parcel of land within the corporate limits upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street or sidewalk shall conform to the regulations provided in this section; otherwise, the person shall be subject to penalty provided in Section 155.10, and the Municipality shall cause such tree, plant or shrubbery to be trimmed to cut down and removed in accordance with the procedure established by subsection (b) hereof and assess the cost thereof against the owner of such lot or parcel of land.
(1) The owner shall trim or cause to be trimmed any tree, plant or shrubbery so that a clear height of eight feet between the lowest branch of the same and the sidewalk or the street is maintained.
(2) The 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 or sidewalk.
(3) The 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 abate any nuisance necessary to protect life, limb or property of persons, drivers of vehicles or pedestrians using the street or sidewalk.
(b) In the event the provisions of subsection (a) hereof are not complied with, the Director of Public Service shall cause to be trimmed or removed such tree, plant or shrubbery or part thereof.
(c) Whenever any tree, plant or shrubbery, or part thereof, is trimmed or removed by the Municipality in accordance with subsection (b) hereof, the Municipality shall give five days notice, by certified mail with return receipt, to the owner of such lot or parcel of land at his last known address, to pay the cost of such trimming or removal. The notice shall be accompanied by a statement of the amount of cost incurred. In the event the same is not paid within thirty days after the mailing of the notice, the amount shall be certified by the City Auditor to the County Auditor for collection the same as other taxes and assessments are collected.
(d) The City shall have the right to prune any tree or shrub on private property when it 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.
(Ord. 34-2000. Passed 4-25-00.)