§ 96.140 AUTHORITY OF DIRECTOR TO INSPECT; ACTION TAKEN WHEN TREES, SHRUBS OR PLANTS FOUND TO CONSTITUTE HAZARD.
   (A)   The Director may inspect any tree, shrub or plant upon any street, alley or public right-of-way of the city or any tree, shrub or plant standing on any private property which overhangs or projects into the street, alley or public right-of-way of the city to determine whether the same or any part thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on such street, alley or public right-of-way.
   (B)   If, in the opinion of the Director, any such tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of such public on any such street, alley or public right-of-way, he may cause the same or such part or parts thereof as are hazardous or impedient to be trimmed or removed to remedy such condition. However, no such tree, shrub or plant standing on any private property shall be cut down or removed unless the Director shall give such owner, occupant or agent a reasonable opportunity to be heard in support of any objection which such person may have to such action. If such objection be not sustained, the Director shall thereafter approve in writing the cutting down or removal of such hazardous or impeditive tree, plant or shrub.
   (C)   Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, alley or public right-of-way within the city.
('64 Code, § 19-110) (Ord. 390, passed 1-28-71)