(a) The owner, lessee, agent, tenant or other person having charge of any lot or parcel of land in the Village upon which any trees, shrubs or plants are now or may hereafter be standing, shall trim, cut, mow or remove the trees or any branches thereof, or cause it to be done, so that the trees, shrubs or plants, or branches thereof, shall not obstruct the view of motorists or pedestrians or other users of the streets, at all intersections, curves or other places in the Village.
(b) Trees standing near any street or alley and trees on any lot of land adjacent to any street or alley and having branches projecting into the streets or alley, shall be kept trimmed by the owner of such tree or trees to the clear height of not less than nine feet above the surface of the sidewalk and street or alley.
(c) The Director of Public Service may cause written notice to be served upon the owner, lessee, agent, tenant or other person having charge of any lot or parcel of land in the Village who fails to comply with subsections (a) and (b) hereof, notifying him that he must comply within five days after receipt of such notice, which may be sent by certified mail or personally served by the Chief of Police or other member of the Police Department. If the address of such owner or person in charge is unknown, such notice shall be published once in a newspaper of general circulation within the Village.
(d) If the owner or person in charge may appeal the order of the Director of Public Service to the Mayor at any time before the day set for compliance herein by serving notice of appeal upon the Mayor or Clerk-Treasurer, or at the office of either, before the day set for compliance. The Mayor shall hear the appeal before the expiration of the period for compliance, or as soon thereafter as is practical, and shall affirm, reverse or modify the order of the Director of Public Service consistent with the preservation of health and safety, and considering the rights of affected parties, as justice shall require. The decision of the Mayor on appeal shall be final.
(e) If the owner or other person in charge of such lot or parcel of land fails to comply with the notice or the decision of the Mayor, as applicable, he shall be subject to the penalty provided in Section 543.99; in addition the Village, upon such failure of compliance, may trim, cut, mow or remove such trees, shrubs and plants, or any branches thereof and may employ the necessary labor to perform such work and recover the expense thereof from the owner of such lot or parcel of land in the same manner as set forth in Section 543.06.
(Ord. 128-2001. Passed 11-19-01.)