905.11   MAINTENANCE AND REMOVAL OF DEAD, DANGEROUS OR DISEASED TREES ON PRIVATE PROPERTY.
   (a)   Trees and shrubs upon any private premises adjacent to any public street, right-of-way or a public place shall be trimmed by the adjacent property owner so that the lowest branches projecting over the public street provides a clearance of not less than fourteen feet and over public sidewalks in City rights-of-way or over public places of not less than eight feet. The Board or its designee may waive the provisions of this section for newly planted trees if the Board determines that they do not interfere with public travel, obstruct the light of any street light, or endanger public health and safety.
      (1)   Every owner of any tree or shrub on private property overhanging any street, right-of-way or public place within the City, shall prune the branches so that the branches shall not obstruct the light from any street lamp, traffic signal or obstruct the view of any street or alley intersection.
      (2)   Property owners shall remove all dead, dangerous or diseased trees, or broken or decayed limbs, which constitute a threat to the safety of the public or a threat to other trees, as determined by the Board or its designee.
   (b)   When the Board or his designee determines that private trees contain dead, dangerous or diseased limbs or main trunk which, in the opinion of the Board constitute a danger to the public, the Board shall serve written notice upon the owner or occupant, or any other person, firm or corporation, having the care of any lot or land by personal service or by certified mail to the address of the owner or person having charge of the lot or land based upon the address for such lot or land in the Shelby County Auditor's office, ordering the cutting or removal of such dead, dangerous or diseased trees or parts thereof. The owner, occupant or any other person, firm or corporation, having the care of a lot or land, will be given sixty calendar days from receipt of the notice to comply. If the address of the owner or other person having charge of the land is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the County.
   (c)   If the owner, occupant or any other person, firm or corporation fails to comply with the notice within 60 days, the City shall cause such trees or shrubs to be cut, and/or removed. If on private property, such cutting and removing shall be at the property owner’s expense.
   (d)   Pruning or removal by the City or its contracted agent may take place when the tree or shrub constitutes a public hazard, identified as follows:
      (1)   Interferes with the proper spread of light along the street from a street light;
      (2)   Interferes with visibility of any traffic control device or sign;
      (3)   Constitutes a hazard to life or property, as determined by the City Arborist or contracted City tree service representative;
      (4)   Obstructs the view of any street, alley or street-alley intersection;
      (5)   Does not provide a clear space of eight feet above any surface of the sidewalk and fourteen feet above the surface of the street.
      (6)   Harbors insects or disease which constitutes a potential health threat or safety hazard to other trees within the City.
   (e)   Notice of the expense of such cutting and disposing shall be given to the owner of the lot or land charged therewith, or his agent, either in person or left at the usual place of residence or sent by certified mail. Payment by the owner shall be made to the City within sixty days after the giving of such notice. All outstanding amounts, as approved by Council shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected over a five-year period.
(Ord. A-2636.  Passed 2-8-10.)