A. Definition: A "sight restriction" shall be a fence or any growing plant or tree which obstructs the view above the maximum heights set out in the following subsection.
B. Height Limitations:
1. Within the restricted area no growing plant other than a tree shall be allowed to exceed a maximum height of thirty inches (30").
2. When allowed by variation, no fence shall exceed forty two inches (42") in height and no material shall be attached to or made a part of such fence so as to provide any restriction to the clear view of those persons using the abutting right of way.
3. Trees standing on any lot, street, alley or parkway and any trees overhanging any sidewalk, street, alley or parkway shall be trimmed so that the space from the ground surface to the lower branches of such trees shall not be less than ten feet (10') over any sidewalk, twelve feet (12') over any marginal access or minor street and sixteen feet (16') over any secondary or major street.
C. Area Involved: A sight restriction shall not occur within a triangular piece of property determined by drawing a diagonal between two (2) points located on two (2) intersecting right of way lines, each point located fifteen feet (15') each way from the intersection of said right of way lines, and then extending said diagonal to its intersections with the curb lines, and/or edges of the roadways, associated with the aforementioned right of way lines. In addition, a sight restriction shall not occur on any property within the greater of the following two (2) distances from the edge of the pavement, where no curb exists, or the back of the curb of any street:
1. Fifteen feet (15'); or
2. The distance between the property line and the back of the curb or, where no curb exists, the edge of the pavement.
Additionally, a sight restriction as a result of a tree, as referenced in subsection B3 of this section, shall not occur at any location within the village at which a street or sidewalk exists.
D. Elimination Of Sight Restrictions Required, Penalty:
1. The owner or occupant of every lot or parcel of land adjoining a street, alley, intersection, or public or private driveway, upon which any tree(s), shrub(s), bush(es), weeds or plants are growing in the public right of way of the village shall have such vegetation trimmed, pruned, or cut so as not to obstruct the passage of light from any streetlight or traffic control device so that such vegetation shall not interfere with, nor obstruct the vision of persons using alleys, streets, or highways. The existence of any such vegetation on the owner's or occupant's premises or in the parkway adjoining a street, alley, intersection, or public or private driveway which shall violate the visual requirements described above is hereby declared to constitute a public nuisance.
2. Any owner or occupant of such premises who shall fail to abate the same by removing, trimming, cutting or pruning tree(s), shrub(s), bush(es), weeds or plants within ten (10) days after being notified in writing to do so by the director of the office of quality control shall be subject to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each offense. Each day that the offense is allowed to continue shall be considered a separate offense.
E. Abatement By Village:
1. Removal, Payment: If the owner or occupant persists in allowing the conditions to exist, the village shall enter into the property and remove the obstructions and payment for such actions shall be made from the fines collected or by a lien being placed against the property.
2. Notice, Removal Of Violations: The director of the office of quality control shall give the owner of the premises where the sight restriction or otherwise exists, as described in this chapter a written notice of the existence of the same, and shall, after ten (10) days following the service of such notice, cause the abatement of the same.
3. Service Of Notice: Service of notice required by this chapter shall be by personal service where the owner of said premises is a resident of the village. Where the owner is a nonresident of the village, said notice shall be served by registered mail, addressed to said owner at his last known address.
4. Cost Of Removal By Village: If the owner or occupant persists in allowing the conditions to exist, the Village shall enter into the property and remove the obstructions, and payment for such action shall be made from the fines collected by a lien being placed against the property. (1951 Code 6-4-2; Ords. 72-14-24, 74-27-51, 76-25-48, 81-12-19, 85-13-41; 1985 Code; Ord. 95-22-96)