(A) For the following section, the definitions below shall apply:
OBSTRUCTION. Any physical, fixed object which impedes, impairs, or cuts off the clear view of any pedestrian, cyclist, or motorist.
TREE(S). Any woody plant having a single main stem, dead or alive.
VEGETATION. Any multi-stemmed plant or brush, any all leafage of any plant or tree or any stems from the trunk or bough of any tree or shrub, dead or alive.
(B) It shall be unlawful for any property owner in the town to permit trees or other vegetation to grow over or within the town's streets and rights-of-way. Any such growth shall be considered a nuisance. Further, it is the responsibility of each property owner with trees or vegetation adjacent to the town's streets and rights-of-way, to trim or maintain said trees or vegetation so as to prevent growth over or within the town's streets and rights-of-way.
(C) The owners or occupants of any lot in the town which adjoins two intersecting streets, or a change in the direction of a street, shall not obstruct in any manner the clear view of any person using such street or streets or any person operating a motor vehicle approaching the intersection or change in direction, by any earth or earthen pile (other than the natural ground line), wall shrub, fence, tree, hedge, or other growth or obstruction if the object blocks the view of the motorists within an area described below:
At the intersection corner of each corner lot, the triangular space determined by the two lot lines at that corner and by a diagonal line connecting the two points on those lot lines that are 15 feet respectively from the corner shall be kept free of any obstruction to vision between the heights of two and one-half and 13 feet above the elevation of the traveled area. The natural ground line on the property shall not be considered an obstruction, but any plantings or structure of any kind in this area shall be prohibited. Utility poles and other necessary posts shall not constitute such an obstruction.
(D) The Town Council shall be responsible for the administration of this section, and the Clerk-Treasurer shall be responsible for the provision of all mailings and filings required as set forth below.
(E) When the town becomes aware of the existence of a violation, a Notice of Violation shall be mailed first class U.S. postage by the Clerk-Treasurer to the owner of the property in violation of this section. The Notice shall inform the owner of the following, which are the procedures hereby adopted for giving the owner notice, abating the nuisance, and billing collecting any sums due therefor:
(1) There appear to be trees, vegetation or an obstruction on your property over or within the town's streets or rights-of-way, contrary to this section.
(2) That the owner has seven days from the date of the mailing of the notice to cause the property to be brought into compliance with this section; and
(3) That in the event that the property is not in compliance within seven days of the mailing of the notice, the town will use town equipment and personnel or a private contractor to remove the branches, vegetation or obstruction over or within the town's streets or rights-of-way to abate the violation; and
(4) That the owner will be billed following the provision of these services at the codified service charge rate or at their actual cost plus administrative costs; and
(5) That in the event that the bill is not paid within 30 days of its mailing to the owner, it will be certified to the County Auditor in manner provided by local ordinance, and will have added to it any other administrative costs incurred by the town in preparation of this certification, and these sums will be placed on the tax duplicate for the property affected. Alternatively, the town may file an ordinance violation seeking response, costs, fines, and court costs for the violation.
(F) In the event a property owner who received a Notice of Violation disputes the notice, the property owner must inform the Clerk-Treasurer of this intention within seven days of mailing of the notice and request to be placed on the agenda for the next regularly scheduled Town Council meeting. A majority of any members present at the next Town Council meeting shall hear the property owner's objection and vote either for or against the objection and the majority shall prevail. In the event the Town Council denies the appeal, the property owner must bring the property into compliance within five days. In the event the owner fails to comply within that time, the town or its agents shall enter the property and bring it into compliance, and the property owner shall be billed in the manner set forth above.
(G) In the event a property owner objects to the issuance of a bill under division (E), the property owner shall notify the Clerk-Treasurer and request to be placed on the agenda of the next Town Council meeting, or at a later meeting at the option of the Clerk-Treasurer. At the meeting, the Town Council members present shall vote for or against the objection and the majority shall prevail. If the Town Council denies the appeal, the property owner shall have five days to make payment. In the event the property owner fails to pay within this time period, the bill shall be certified to the County Auditor as set forth above, or it may be collected through the filing of an ordinance violation.
(H) It is not a defense to this section that a property is not occupied, abandoned, or occupied by a tenant other than the owner. In the event the property is the subject of a mortgage or real estate sales contract, certifications to the County Auditor shall be in the name appearing on the tax duplicate for the property.
(Ord. 2015-0818B, passed 8-18-2015)