(A) The Tree Board may cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewer, electric power lines, gas lines, water lines or other public improvement, or is affected with any injurious fungus, insect or other pest or microorganism.
(B) Every tree overhanging any street or right of way within the city shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of at least 10 feet above the street or 8 feet above the sidewalk. Dead, diseased or hazardous trees or broken or decayed limbs which endanger the safety of the public shall be removed.
(C) The City Tree Board, after approval by the City Council, shall have the authority to order the trimming, treatment and removal of trees, shrubs or plants upon private property when that action is necessary to public safety or to prevent the spread of disease or insects to trees, shrubs or plants located on public property.
(D) Any tree or shrub situated on private property, but so situated as to extend its branches over the improved portion of a public street or highway easement, shall be so trimmed by the owner of the real property upon which the same is located so that there is clear height of at least 10 feet over the portion of the easement that is used for vehicular traffic and over the portion of the easement used for pedestrian travel shall be 8 feet; and the persons shall remove the head or diseased branches or stubs of trees which are or may become hazardous to the public use of the easement.
(E) Any trees obstructing traffic control signs or devices from the view of the pedestrian or motorist shall be pruned to a height established by the City Tree Board to ensure proper safety for motorists and pedestrians.
(F) All orders to trim, remove or treat trees, shrubs or plants given pursuant to this section, shall be in writing and shall be served in person or by the first class mail upon the owner of the property where the trees, shrubs or plants are located.
(G) The orders shall afford the owner of the property not more than 14 days from the date of the mailing of the notice to comply with the order or to notify Osakis City Hall with their intentions of time span.
(H) If the required action is not taken by the property owner within the specified time, the City Tree Board may cause the trees, shrubs or plants concerned to be trimmed, removed or treated, with the costs being borne by the property owner.
(I) If not voluntarily paid to the city by the owner, the costs of trimming, removal or treatment may be recovered by the city by special assessment upon the property owner.
(J) It shall be unlawful practice for any person, firm or city department to top any street tree, park tree, or other tree on public property without the authorization from the City Tree Board.
(K) TOPPING is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree’s crown, to a degree so as to remove the normal canopy and disfigure the tree.
(L) Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where pruning practices are impractical may be exempted from this section at the determination of the City Tree Board.
(Ord. 22, passed 10-2-1995) Penalty, see § 10.99