(A) Clearance. Every owner of any tree on private property overhanging any street or right-of-way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of ten feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to trim any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign, such trimming to be confined to the area immediately above the right-of-way.
(1990 Code, § 3.40)
(B) Diseases and infestations. When the City Manager shall discover that any tree growing on private property within the city is afflicted with any dangerous and infectious insect infestation or tree disease, he shall forthwith serve a written notice upon the owner or his agent, or the occupant of the property, in the manner specified in this code, describing the tree, its location and the nature of the infestation or tree disease and ordering the owner, agent and occupant to take such measures as may be reasonably necessary to curb such infestation or disease and to prevent the spreading thereof, specifying the measures required to be taken. Such order may require the pruning, spraying or destruction of trees as may be reasonably necessary. Every such notice shall be complied with within ten days after service thereof, upon the owner, agent or occupant of the property on which the afflicted tree is located or within such additional time as may be stipulated in such notice. Any person receiving notice to remove a tree may within the time limited for compliance therewith file an appeal with the City Clerk which shall be transmitted to the City Commission and shall be heard at the next City Commission meeting thereafter.
(1990 Code, § 3.42)
(C) Owners failure to comply. In case the owner, agent and occupant of the property refuse to carry out the order of the City Manager within the time limited, or in case of an appeal, within five days after the City Commission shall have affirmed such order, the City Manager shall carry out the pruning, spraying or destruction of the trees as deemed necessary by him and shall bill the owner, agent or occupant of the property for the cost thereof. In case the owner of such property shall fail to pay such bill within 60 days after the same has been rendered, the City Manager shall report the same to the City Commission for collection as a single lot assessment against the property. The City Manager may, without serving the above notice, when the owner or occupant of any private property shall consent thereto and pay the reasonable cost thereof, cause trees growing on private property to be sprayed when he deems the same necessary on account of any infestation or disease or threat thereof.
(1990 Code, § 3.43)
(D) Inspection. The City Manager and his assistants and employees shall have authority to enter upon private premises for the purpose of examining any trees, shrubs, plants, or vines for the presence of destructive insects or plant diseases. No damages shall be awarded for the destruction of any tree, shrub, or plant or fruit or injury to the same, if done by the City Manager or under his direction, in accordance with this chapter.
(1990 Code, § 3.44)