(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Owatonna, Minnesota.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of Owatonna, Minnesota, or a duly appointed representative.
PERSON. One or more persons of either sex, natural persons, corporations, partnerships, associations, societies and all other entities of any kind capable of being sued.
PLANTINGS. Any bush, hedge, shrub or tree.
PROPERTY LINE. The outer edge of a street or highway right-of-way.
(1992 Code, § 1067:00)
(B) Limitation on plant growth and location. No owner, lessee or occupant, nor agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot or land or any part thereof within the corporate limits of the city shall permit or maintain on any such lot or land, or on or along any sidewalk adjacent to the same, or along any street or alley adjacent to the said property, any growth of plantings which are located on or extend over any public sidewalk, street or alley as follows.
(1) Bushes, hedges and shrubs shall be planted and maintained to obtain a minimum clearance of 12 inches from any public sidewalk and 36 inches from any street or alley.
(2) Bushes, hedges and shrubs shall be maintained at a maximum height of 30 inches in the visibility triangle in accordance with Ord. 827.
(3) Trees shall be maintained to obtain a minimum clearance branch height of eight feet above any public sidewalk and 14 feet above any street or alley.
(1992 Code, § 1067:05)
(C) Violation. Upon service of notice of a violation of this section by the Director of Public Works, as hereinafter provided for, on the owner of the land, lessee or occupant or agent, servant, representative or employee of such owner, it shall be the responsibility of said owner to correct the violation within 30 days. If the violation is not corrected by the end of the 30-day period, the city shall perform the appropriate corrective action to only that portion of the planting in violation of this section. Any other pruning, trimming and the like shall be the responsibility of the owner.
(1992 Code, § 1067:10)
(D) Costs/assessment. The actual cost of pruning, trimming or removal, together with a $75 administrative fee and such other additional costs incurred in connection therewith, shall be certified by the Director of Public Works to the Council prior to October 1 in each year. The amount so charged against said premises, lots or parcels of land shall be a lien upon the property on which said hazardous plantings were located, and shall be added to, and become, and form part of the taxes next to be assessed and levied upon such lot or land, and the Council shall, by appropriate resolution, assess the costs above mentioned against said premises, and certify the same to the County Auditor. The same shall be collected and enforced in the same manner as the collection of real estate taxes.
(1992 Code, § 1067:15)