907.01 Interference with traffic or street lighting prohibited.
907.02 Notice to destroy; cutting at owner's expense; lien.
907.99 Penalty.
CROSS REFERENCES
Power to regulate - see W. Va. Code 8-12-5(29)
Damage or destruction of trees - see W. Va. Code 61-3-48 et seq.
Municipal Tree Board - see ADM. Art. 180
Destruction of property - see GEN. OFF. 533.06
Weeds - see H.&S. Art. 1113
No owner or occupant of any property in the City shall permit any tree, limb, branch or part thereof upon such property to grow to such a size or to be or remain in a condition whether by decay or otherwise, that it is, unless trimmed or removed, an interference with travel, or dangerous to travelers, upon any public way, street or alley of the City, or permit the same to grow so as to obstruct the light from any electric lamp or other appliance used by the City for the lighting of its streets, alleys and ways. Any tree, limb, branch or part thereof permitted to so grow or to be in the condition described herein is hereby declared to be a nuisance. (1961 Code Sec. 907.01)
It shall be the duty of any person or persons owning or occupying real property bordering on any public street upon which there may be trees to prune trees on the person's property in a manner that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of street signs, or obstruct view of a street or alley intersection or obstruct the view of the operator of any motor vehicle with regard to other vehicles, traffic sign or signals, or pedestrians along the street. The minimum clearance for any overhanging portion thereof shall be 8 feet over sidewalks and 15 feet over all streets or another height determined in the discretion of the City Manager .
Any hedge, tree shrub, other growth, situated at the intersection of two or more streets, alleys, or driveways in the City is hereby declared to be a public nuisance to the extent that such hedge, tree, shrub, other growth or fencing obstructs the view of the operator of any motor vehicle with regard to other vehicles, traffic signs or signals, or pedestrians approaching or crossing such intersection, and such public nuisance may be summarily abated in accordance with the provisions of this Code Section.
(Ord. 15867. Passed 4-18-23.)
The Director of Public Works is authorized and empowered to give a written notice to the owner of any such tree, limb, branch or part thereof, or to the agent of such owner, or to the occupant of the premises upon which such tree, limb, branch or part thereof is growing, to trim or remove any such tree, limb, branch or part thereof. Such notice may be personally served upon the owner, his agent or the occupant of the property or may be mailed by registered mail addressed to such owner, agent or occupant at his last known address.
Upon the failure, neglect or refusal of any such owner, agent or occupant so notified to trim or remove such tree, limb, branch or part thereof within ten days after receipt of the written notice herein provided for, the Public Works Director shall have the option to either:
(a) Cause a warrant to be issued against any person owning or occupying the premises upon which such tree, limb, branch or part thereof is growing, or
(b) Order the trimming and removal of such tree, limb, branch or part thereof by the City.
(1) Charge included in tax bill. When the City has effected the trimming or removal of such tree, limb, branch or part thereof, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per year from the date of the completion of the work, if not paid by the owner, agent or occupant prior thereto, shall be charged to the owner of such property on the next bill for the service charges forwarded to such owner by the City and the charge shall be due and payable by the owner at the time of payment of such bill for service charges.
(2) Lien for charges. Where the full amount due the City is not paid by the owner, agent or occupant within sixty days after the cutting and removal of such tree, limb, branch or part thereof, the City Finance Director shall record in the office of the Clerk of the County Commission a sworn statement showing the cost and expense involved incurred for the work, the date, place and property on which the work was done and the name of the owner thereof. Recordation of such sworn statement shall constitute a lien upon the property in favor of the City and the payment thereof may be enforced as other liens are enforced under the laws of the State. (Ord. 15867. Passed 4-18-23.)
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