(A) The owner of every lot or parcel of land within the city upon which a tree, plant or shrubbery stands, in the position as to overhang any portion of an abutting public right of way, shall trim or cause to be trimmed the tree, plant or shrubbery on his land or the public right-of-way abutting such land so that a clear height of eight feet is maintained between the lowest branches or foliage of same and the public street or public sidewalk.
(B) The owner shall remove from his land and the public right-of-way abutting his land every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the public right-of-way.
(C) The owner shall cut down and remove from his land and the public right-of-way abutting such land any tree, plant or shrubbery or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any right-of-way intersection, and to abate any nuisance necessary to protect life, limb or property of persons, both occupants of vehicles and pedestrians, using the abutting public right-of-way.
(D) If, after 30 days written notice by the Superintendent of Public Works, requiring the owner to comply with divisions (A) through (C), the owner fails to comply, then such Superintendent may cause the work necessary to be done to effect compliance by the labor force of the city and the cost thereof assessed against the lot or parcel of land in the manner outlined in this chapter.
(E) No person shall hereafter plant or remove any tree or shrub upon any public way, street, or alley unless he shall have first obtained a permit in writing from the Superintendent of Public Works specifying the size, type, or species consistent with the recommended street trees as established by the Planning Commission, and location on the public right-of-way, street or alley, of the tree or shrub so to be planted.
(F) The Superintendent of Public Works shall have the authority to deny a permit to any person who proposes to plant any tree or shrub on a public way, street, or alley of a size, type, or species found to be undesirable by the Planning Commission or so found to be undesirable for the location proposed; or he may deny a permit to any person who proposes to plant any tree or shrub upon any public way, street, or alley if at any location found by the Planning Commission to be unsuitable for planting of trees or shrubs.
(G) (1) Any owner or responsible person having charge of the land within the city adjacent to public right-of-way improved with a curb system shall keep the public right of way abutting said land all the way to the curbed portion of the roadway free and clear of all noxious weeds and rank vegetation, except trees as outlined in divisions (E) and (F) of this section.
(2) The owner or responsible person having charge of removing noxious weeds and rank vegetation shall do so by cutting or other effective legal means of control whenever the weeds, grasses, or vegetation are pollinating or about to spread or mature seeds, and at any other time as is necessary to keep the growth of such weeds, grasses, and vegetation under ten inches high. If the owner or other responsible person fails to cut the weeds, grasses, or vegetation before they exceed ten inches in height, then the owner or other responsible person shall have the duty to rake, bag, and remove all clippings and waste resulting from the cutting of such weeds, grasses, and vegetation by the city.
(Ord. 56-1987, passed 10-21-87; Am. Ord. 20-1989, passed 3-22-89)