(A) Trees up to 14 feet. In all residentially zoned areas of the city, it is the duty of the owner of any property abutting a street upon which there may be trees or shrubs, to prune such trees or shrubs up to a height of 14 feet such that they will not obstruct or shade the streetlights or obstruct the passage of pedestrians or vehicles on sidewalks or street; obstruct the vision of traffic signs; or obstruct the view of any street intersection. Overhanging branches shall be at least 14 feet above the surface of the street and at least ten feet above the surface of the sidewalk or right-of-way green space.
(1) Such owner shall also remove from such trees all dead, decayed or broken limbs or branches up to 14 feet above the ground that overhang any public highway, street, alley or public place, so that the same cannot fall on the sidewalk, street, alley or other public highway.
(2) All abutting property owners shall trim and maintain trees and shrubs located on private property such that no part overhangs any public property at a height below ten feet nor overhangs any street at a height of less than 14 feet.
(3) Property owners shall also remove all diseased trees and dead or dying limbs from trees located on their property, except a forested property of any area of more than two acres where individual tree maintenance is not practical.
(B) Action compelled. If the abutting property owner fails to trim adjacent trees or shrubs, the city may serve notice on the abutting property owner requiring that such action be taken within 30 days. If such action is not taken within that time, the city may perform the required action and assess the costs against the abutting property owner for collection in the same manner as a property tax.
(C) City’s duties (above 14 feet). The city shall be responsible for the pruning, trimming and removal of dead or diseased trees located on public property or streets as to that portion of any tree more than 14 feet above the ground.
(D) Tree roots. The city shall also be responsible for the removal or trimming of roots from trees located on public property that have displaced or raised portions of the public sidewalk. The Public Works Department shall notify the Parks and Recreation Director when a permit is requested to repair or construct a public sidewalk. The Director will then investigate the circumstances and, if necessary, arrange for roots to be removed in a timely manner.
(E) Highway right-of-way exemption. The provisions of this section do not apply to trees in the Highway 71 or Highway 18 right-of-way. These trees shall be maintained by the city.
(Prior Code, § 5-5-8) (Ord. 652, passed 4-2-2007)