(A) All shade and ornamental trees on the streets, alleys, and public places of the city shall be under the control of the City Council, and all trees planted on the streets and public places of the city shall be so located as to in no way interfere with the sidewalks, guttering, or drainage of the streets.
(B) All trees in the streets, alleys, and public places of the city which are so located as to in any way interfere with the use of the streets, alleys, pavements or gutters or injure or interfere with the proper construction of the streets, pavements or gutters or are an obstruction to the drainage are hereby declared to be a nuisance and shall be removed by the owners of the property fronting thereon, or as hereinafter set out.
(C) Whenever it shall become necessary for the proper use and construction of any street, pavements, or drainage of the city, or to prevent injury to same, that any of the trees mentioned in division (B) of this section be moved, the City Council, City Clerk, or Mayor shall notify the owner of the property fronting thereon in writing to remove the trees forthwith and if he fails to do so for a period of 10 days after receiving the notice (or if he is a nonresident, after a period of 30 days from the time a notice is placed in the United States mail directed to his or her last known place of address), then the City Council may cause the removal of the trees, and the cost of removal shall be assessed against the owner and added to his or her tax bill.
(D) All shade or ornamental trees on the streets and public places of the city shall be trimmed by the owner or occupant of the property fronting thereon in a manner such as to keep them from hanging down and interfering with the travel and proper use of the streets and sidewalks of the town.
(E) It shall be the duty of the City Police Chief or his designee to notify the City Council whenever any overhanging shade trees are interfering with the travel or proper use of the streets or sidewalks of the city and the City Council shall thereupon notify in writing the owner or occupant of the property upon which the shade trees are standing, or the property adjacent to and fronting the trees, to trim the trees in accordance with division (D) of this section.
(Prior Code KOC, § 1010.6, passed 5-2-1988) Penalty, see § 95.99