(a) The Director of Public Service shall and is hereby directed to keep trimmed all trees standing on any public place in the City so that the branches of such trees projecting over any public sidewalk on private driveway or into any public street beyond the curb line shall be not less than nine feet from the ground.
(b) All trees standing on private property in the City and having branches projecting into public streets, highways or places shall, under the supervision of the Director, be kept trimmed by the owners or occupants of such private property to such an extent that the lowest branches of such trees shall not come within nine feet of the ground where they overhang any public walk or driveway. Any trees within a side yard on private property shall have the branches trimmed so as to provide a minimum distance of five feet from the ground to the lowest branches when such branches are located within 15 feet of the intersection of a driveway with the public sidewalk.
(c) If the owner or occupant of such private property neglects or refuses to trim such a tree, upon being notified, in writing, by the Director to do so and within the time specified in such notice, so as to comply with the foregoing provisions, it shall be the duty of the Director, after the expiration of the date specified in such notice, to cause the trimming to be done at the expense of the owner. The entire cost thereof shall be a lien upon such premises and shall be billed and collected as hereinafter provided.
(d) The following acts, things and conditions done or existing within the City are hereby declared to constitute nuisances:
(1) Any tree upon any street or public place or so near thereto as to permit the roots of such tree to penetrate through or under the surface thereof;
(2) Any tree, plant or shrub, wherever located within the City, infected with any parasite, insect, fungus or pest, which may be communicated to any other tree, plant or shrub;
(3) Any tree which has fallen or is in such condition that it is likely to fall on any public or private property, including the property upon which it is situated;
(4) Any tree, plant or shrub whose branches or trunk obstructs or impedes traffic on any street or public place. Branches overhanging any public sidewalk, pavement or roadway within nine feet on the surface thereof shall be deemed prima-facie to obstruct or impede traffic thereon;
(5) Any tree, plant, hedge or shrub on any public or private property which is located in such a manner as to obstruct the view of traffic, including, but not limited to, obstructing the visibility of neighbors when exiting their driveways.
(e) No person shall knowingly create, maintain or refuse to abate a nuisance as defined in subsection (d) hereof.
(Ord. 145-13. Passed 7-1-13.)