The owner of a corner lot abutting a local road that intersects with another local road shall maintain a sight distance of 25 feet from the intersection along the frontage of the lot. In order to maintain this sight distance the lot owner may not plant, place, maintain, or allow to remain, within the sight triangle, as defined in § 235-7 of this Code, any tree, bush or other vegetation that is more than three feet above the established grade of the abutting street.
The City shall provide written notice to an owner of land that has a tree, bush or other vegetation that violates Subsection A or B of this section. The notice shall advise the owner of the violation, the corrective action required by the owner and the time to complete the corrective action, the remedies available to the City under Subsection F if the owner does not comply with the corrective action specified in the notice, and the owner’s right to appeal the notice as specified in Subsection E of this section. The City shall provide for delivery of this written notice by hand delivery to the owner or by first class mail, and certified mail with return receipt requested, addressed to the owner at the address to which the City sends tax bills for the land and to the address where the City sends water/sewer utility bills.
An owner may appeal the City’s notice
to the City Manager by filing a written notice of appeal with the
City Manager within 30 days after the date of the Director’s
notice. The notice of appeal shall state the reasons why the owner
contends that the notice was improper, unauthorized or unreasonable.
The City Manager shall conduct a hearing on a timely appeal within
10 days after the City Manager receives the notice of appeal. At the
hearing the City Manager shall receive evidence and hear from the
Director, the owner of the land, and other witnesses as the Director
and owner present. After the hearing the City Manager shall affirm,
modify or reverse the notice or take other action as the City Manager
determines to be appropriate under the circumstances. If the City
Manager’s decision requires the owner to take corrective action,
the decision shall specify the time within which the owner shall take
the action.
An owner shall correct a violation within the time specified in the notice or in a decision of the City Manager upon a timely appeal of the notice by the owner. An owner who does not take timely corrective action is guilty of a municipal infraction and is subject to the penalty set forth in § 250-33B.
If the owner does not take timely corrective action in accordance with Subsection E of this section, the City may correct the violation, and all costs incurred by the City shall be the personal obligation of the owner of the land and shall be a lien on the owner’s land, have the same priority, and be enforceable and collectible in the same manner as City real property taxes, except the land may not be sold at tax sale to satisfy the lien
An owner of land shall not allow a tree
to remain on the land if, in the determination of the City Director
of Public Works, the tree is dead or diseased and, unless remedial
action is taken, the tree poses a reasonable likelihood of damage
or injury to persons or property beyond the boundaries of the owner’s
land.
The Director of Public Works shall determine whether a tree satisfies the criteria in Subsection A of this section by visual inspection and evaluation by the Director and by one or more individuals who have expertise in evaluating the condition of dead and diseased trees.
If the Director determines that a tree satisfies the criteria in Subsection A of this section, the Director shall provide written notice to the owner that the tree satisfies the criteria of Subsection A. The notice shall advise the owner of the corrective action required by the owner and the time to complete the corrective action, the remedies available to the City under Subsection F if the owner does not comply with the corrective action specified in the notice, and the owner’s right to appeal the notice as specified in Subsection D of this section. The Director shall provide for delivery of this written notice by hand delivery to the owner or by first class mail, and by certified return-receipt mail, addressed to the owner at the address to which the City sends tax bills for the land.
Unless the Director determines that immediate
corrective action is necessary to prevent an imminent danger to persons
or property beyond the boundaries of the owner’s land, an owner
may appeal the Director’s notice to the City Manager by filing
a written notice of appeal with the City Manager within 30 days after
the date of the Director’s notice. If the Director determines
that immediate corrective action is required, the owner may file a
written notice of appeal with the City Manager within one business
day after the date of the notice. The notice of appeal shall state
the reasons why the owner contends that the notice was improper, unauthorized
or unreasonable. The City Manager shall conduct a hearing on a timely
appeal within 10 days, or within one business day if immediate corrective
action is required, after the City Manager receives the notice of
appeal. At the hearing the City Manager shall receive evidence and
hear from the Director, the owner of the land, and other witnesses
as the Director and owner present. After the hearing the City Manager
shall affirm, modify or reverse the notice or take other action as
the City Manager determines to be appropriate under the circumstances.
If the City Manager’s decision requires the owner to take corrective
action, the decision shall specify the time within which the owner
shall take the action.
An owner shall correct a violation within the time specified in the notice or in a decision of the City Manager upon a timely appeal of the notice by the owner. An owner who does not take timely corrective action is guilty of a municipal infraction and is subject to the penalty set forth in § 250-33B.
If the owner does not timely correct a violation after written notice in accordance with Subsection E of this section, the City may correct the violation and all costs incurred by the City shall be the personal obligation of the owner of the land and shall be a lien on the owner’s land, have the same priority, and be enforceable and collectible in the same manner as City real property taxes, except the land may not be sold at tax sale to satisfy the lien.