(a) Trimming of Trees, Shrubbery. The owner of every lot or parcel of land upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging any public street, sidewalk or right of way shall conform to the regulations of this section and Chapter 943 of the Codified Ordinances. If such regulations are not followed, the City shall cause such trees to be trimmed or cut down and removed in accordance with this section, with the costs to be assessed against the owner of the lot or parcel of land in accordance with Section 521.051(j).
(1) The owner shall trim or cause to be trimmed every overhanging tree, plant or shrub so that a clear height of nine feet between the lowest branch and the street or sidewalk is maintained.
(2) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant, shrub or part thereof, so that the same shall not fall to the street or sidewalk.
(3) The owner shall cut down and remove any tree, plant, shrub or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street or intersection, or to abate any nuisance to protect the life, limb and property of persons, drivers of vehicles, or pedestrians using any street or sidewalk.
(b) Penalty. Whoever violates this section shall be guilty of a minor misdemeanor and fined not more than one hundred fifty dollars ($150.00) for a first offense. Whoever shall be convicted of a second or subsequent violation of this section within a period of two years from the date of the last prior conviction shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days or both. Each day of violation shall constitute a separate offense.
(Ord. 2010-84. Passed 7-13-10.)