(a) Height/Clearance Requirements. 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 the subject tree(s) do(es) not interfere with public travel, obstruct the view of any public street, right-of-way or public place, obstruct the light of any street light, or endanger public health and safety.
(b) Notice of Owner's Obligations for Dead, Dangerous or Diseased Trees; Payment of Expenses Upon Non-Compliance.
(1) When the Board, or its designee determines that a private tree or shrub contains dead, dangerous or diseased limbs or main trunks which, in the opinion of the Board, constitute a non-immediate danger to the public, the Board shall cause written notice of such fact to be served upon the owner or occupant of the adjacent property, or any other person, firm, corporation or entity having the care or control of the adjacent lot or land. The notice shall be served by personal service, certified mail, (or regular mail in the event certified mail, once attempted, is returned for any reason, as being unable to be served by certified mail) and shall be addressed to the address of the owner or person or entity having charge of the lot or land based upon the address for such lot or land in the Shelby County Auditor's Office. Such notice shall order the cutting or removal of such dead, dangerous or diseased tree(s) or parts thereof within sixty days from and after the date of such written notice.
(2) If the owner, occupant or any other person, firm, corporation, or entity fails to comply with the afore-mentioned notice within the sixty day period, the City shall cause any such offending tree or shrub on private property to be cut and/or removed at the expense of the owner of such private property. Notice of the expense of such cutting, removal and the disposal incident thereto shall be given to the owner of the lot or land charged therewith, or the agent of such owner, either in person, or left at the subject property at a conspicuous place, or sent by certified or regular mail service. Payment by the owner shall be made to the City within sixty days after the date contained in such notice of expense. Any such expense not paid within such sixty day period and as approved by the Sidney City Council, shall be certified to the Shelby County Auditor to be placed on the related tax duplicate and collected over a five year period.
(c) Cutting, Trimming, Pruning, and/or Removal of Trees/Shrubs on Private Property Without Notice; Payment of Related Expenses.
(1) Cutting, trimming, pruning and/or removal of trees and shrubs on private property by the City or its contracted agent may take place without the notice referenced in paragraph (b)(1), above, under the following circumstances:
A. The City's arborist or contracted City tree representative determines that the tree or shrub, or any portion thereof is dead, or otherwise so diseased or damaged such that it constitutes an immediate danger to the safety of persons or property;
B. The tree or shrub interferes with the proper spread of light along the street from a street light;
C. The tree or shrub interferes with the visibility of any traffic control device or sign;
D. The tree or shrub obstructs the view of any street, alley or street-alley intersection;
E. The tree or shrub does not provide a clear space of either eight feet above any surface of the sidewalk or fourteen feet above the surface of a street, alley or other right-of-way; or,
F. The tree or shrub harbors insects or disease which constitutes a potential health threat or safety hazard to other trees within the City.
(2) Payment for the expenses incident to the cutting, trimming, pruning and/or removal of trees and shrubs as referenced in paragraph (c)(1), above, shall be made and collected as provide in paragraph (b)(2), above.
(Ord. A-2636. Passed 2-8-10; Ord. A-3068. Passed 11-8-21.)