(a) The owner of every lot or parcel of land within the Village of Sheffield upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street or sidewalk or being found to have an infectious disease shall conform to the regulations herein provided; otherwise, the Village Administrator or his designated agents (hereinafter the “Administrator”) shall cause such trees to be trimmed or cut down and removed in accordance with such regulations and assess the cost thereof against the owner of such lot or parcel of land.
(1) The owner shall trim or cause to be trimmed the tree, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the sidewalk is maintained. On streets the clear height shall be fourteen feet between the lowest branches and the street elevation.
(2) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the street or sidewalk.
(3) The owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles, or pedestrians using such street or sidewalk.
(b) The Administrator is authorized to inspect any tree or part thereof within the Village which is suspected of being infected, diseased or dead. If after such inspection a violation is found to exist the Administrator shall provide:
(1) On private property, a written “Notice of Violation” shall be issued to the property owner. The notice may be served by delivering it personally to the owner by law enforcement personnel, or by sending it first class mail to the owner’s last known place of business or residence. If the notice is returned showing the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the real estate involved. Posting for 72 hours shall be considered legal notice. Such “Notice of Violation” shall contain an order to cut or destroy such tree or part thereof and abate the violation within the time limitations specified in said “Notice of Violation”.
(2) In the event such owner does not comply with the “Notice of Violation”, the Administrator shall cause such tree, bush, landscaping plant or part thereof to be cut and removed together with any clean-up work required.
(3) In addition to the penalty provided in subsection (c) hereof, the cost thereof shall be a charge against such property and upon the owner thereof.
(4) Payment for work provided shall be paid to the Clerk-Treasurer immediately after work is complete. In the event of untimely payment for said work performed, the Administrator shall cause the amount to be certified to Lorain County Auditors’ Office to be placed on the tax roll for collection.
(5) The term “cost” as used in this section shall include the actual costs for removal and disposal of trees, shrubs or other landscape materials and the Village’s administrative and legal costs, if any.
(c) Whoesoever violates any of the provisions of this section is guilty of a minor misdemeanor punishable by a fine of up to $150.00 per occurrence. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2452. Passed 9-8-14.)