(A) General. The owner of every lot or parcel of land within the village upon which a tree, plant, or shrubbery stands with any part thereof upon or overhanging a public street, sidewalk, or land belonging to another, shall conform to the regulations herein provided, or the village may cause such tree, plant, or shrubbery to be pruned or cut down and removed and assess the cost thereof against the owner of such lot or parcel of land.
(B) Clear height. Such owner shall trim or cause to be pruned any tree, plant, or shrubbery so that a clear height between the lowest branch of the same and the sidewalk, or land belonging to another, shall be eight feet, and 14 feet overhanging a street.
(C) Dead trees. Such owner shall prune 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, sidewalk, or land belonging to another.
(D) Bushes, hedges. Bushes, hedges, and shrubs located in the front yard shall not exceed four feet in height and shall maintain three feet clearance from the front lot line.
(E) Vegetation. All plant materials (especially trees and shrubs) which are dead, afflicted with decay, disease, insect infestation, or otherwise considered dangerous to other plant material or property shall be removed or appropriately treated.
(F) Visibility. 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.
(G) Notice to comply. Upon determination this section has been violated, the Code Official shall cause notice to be served as prescribed in § 154.060 advising such owner that they have not more than five days in which to cause such vegetation to be cut, pruned, or removed.
(H) Failure to comply. Upon expiration of five days, if the owner does not prune or remove any tree, plant, or shrubbery, or any part thereof, in accordance with this section, the Code Official may cause such tree, plant, or shrubbery, or any part thereof, to be pruned or removed. After such work is done, the village shall give five days’ notice, by regular mail, to the owner of such lot or parcel of land, at his or her or her last known address, to pay the cost of such pruning or removal. Such notice shall be accompanied by a statement of the amount of cost incurred, and if the same is not paid within 30 days after the mailing of such notice the amount shall be certified by the Finance Director to the County Auditor for collection the same as other taxes and assessments are collected. The remedy provided for in this division (H) is in addition to the penalty provided in § 154.051 hereof.
(I) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a fourth degree misdemeanor for the first offense and for each subsequent offense the person shall be guilty of a misdemeanor in the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2004-038, passed 12-20-2004)