[Added 3-28-2016 by Ord. No. 16-O-02[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. X as Art. XI and former § 250-31 as § 250-33.
A. 
The owner of land may not allow a tree, bush or other vegetation growing on an owner’s property to extend:
(1) 
Beyond the owner’s property line onto a public right-of-way or onto a sidewalk that abuts a public way.
(2) 
Beyond the owner’s property line at a height less than 16 feet above the established grade of the improved surface of a public right-of-way.
(3) 
Over a public sidewalk located within a public right-of-way at a height less than 10 feet above the established grade of the sidewalk.
(4) 
Over a public sidewalk located on the owner’s property at a height less than 10 feet above the established grade of the sidewalk.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.