(A) The owners or agents of the owners of any lot or parcel of land fronting on any street, alley, avenue, sidewalk or public grounds shall trim or cause to be trimmed, all trees and shrubbery in front of the respective lots or lands when so ordered by the City Manager or his or her authorized representative. All shrubbery, grass or weeds shall be trimmed so as to be clear of any street, alley, avenue, sidewalk or public grounds and shall not obstruct the view and/or to cause a hazard to any pedestrian or vehicular traffic using that street, alley, avenue, sidewalk or public grounds. All trees shall be trimmed so as to have a clear height of ten feet above the surface of the sidewalks and 12 feet above the surface of the street or roadway. Branches of all trees in front of and along lots or lands near which public lamps are placed shall be trimmed so as not to obstruct the free passage of light from the lamps to the street and sidewalks. Grasses and/or weeds shall not be permitted to emerge in sidewalks or walkways.
(B) Whoever violates any provision of this chapter for which no other penalty is provided is guilty of a minor misdemeanor on a first offense, a misdemeanor of the fourth degree on a second offense within one year after the first offense, and a misdemeanor of the third degree on each subsequent offense within one year after the first offense. Each violation is considered a public nuisance under this code.
(C) In addition to the penalties provided for violating this subchapter, the City Manager may cause written notice of the section violation of this subchapter to be served personally upon the owner, occupant, or the person having charge of the property involved, or by sending the written notice to that person by certified mail, or by posting a copy of the written notice in a conspicuous place or on the premises or property involved. This written notice shall state the nature of the public nuisance, and the time, not less than seven days, within which it shall be abated. No person so notified shall fail or refuse to comply with the written notice.
(D) Subsequent violations within one calendar year of the initial written notice as specified in division (C) may be subject to immediate abatement by the city, per § 91.57, without further notification.
(Ord. 99-3043, passed 10-14-99; Am. Ord. 04-3177, passed 7-15-04)
Cross-reference:
Tree maintenance, see Ch. 52