(a) The owner of every lot or parcel of land within the City upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street or sidewalk shall conform to the regulations herein provided, or the City shall cause such tree, plant or shrubbery to be trimmed or cut down and removed and assess the cost thereof against the owner of such lot or parcel of land.
(b) Such owner shall trim or cause to be trimmed any tree, plant or shrubbery so that a clear height between the lowest branch of the same and the street or sidewalk shall be:
(1) Eight feet over a sidewalk;
(2) Ten feet over a street at the curb; and
(3) Twelve feet over the street at the centerline.
(c) Such owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall to the street or sidewalk.
(d) Such owner shall cut down and remove 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 street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using the street or sidewalk.
(e) If the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with this section, the City Manager shall cause such tree, plant or shrubbery, or any part thereof, to be trimmed or removed. After such work is done, the City shall give five days notice, by regular mail, to the owner of such lot or parcel of land, at his or her last known address, to pay the cost of such trimming or removal. Such notice shall be accompanied by a statement of the amount of cost incurred, and if the same is not paid within thirty days after the mailing of such notice the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected. The remedy provided for in this subsection is in addition to the penalty provided in division (f) of this section.
(f) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Adopting Ordinance; Ord. 82-25. Passed 11-1-82.)