[Ord. No. 635 §1, 11-20-1963]
Dead or diseased shrubs and trees which are located in or upon
the public easements, (street, sidewalk or otherwise) or which overhang
or overlap such public easements, or the low hanging branches of any
trees or shrubs located in or upon, or overhanging, low hanging, or
overlapping such public easements, are declared to be public nuisances.
[Ord. No. 635 §2, 11-20-1963]
Dead or diseased shrubs and trees which are located in or upon
the public easements and which constitute a hazard or dangerous condition
to the public by reason of the possibility of such tree or shrub,
or the branches thereof, falling upon persons or properly lawfully
upon any such public easement, may be removed by the City.
[Ord. No. 635 §3, 11-20-1963]
The low hanging branches of trees or shrubs which are planted
in such public easements, or which overlap from adjacent private property
onto such public easements in such a manner as to constitute a danger
or hazard to persons or property lawfully upon any such public easement
shall be trimmed so as not to constitute further danger or hazard
to the public by the owner of the property on which such public easement
abuts.
[Ord. No. 635 §8, 11-20-1963]
The City Engineer shall have authority to designate a height
below which any overhanging, overlapping or low hanging branches of
any shrubs or trees shall constitute a hazard or danger to persons
or property lawfully in the public easement, and upon publication
of notice of such designation in a newspaper of general circulation
in the City, shall have authority, by and with the consent of the
Council, to have all trees and shrubs of the City, or any portion
thereof, trimmed to such height, after thirty (30) days have elapsed
from the date of such published notice, during which period the property
owners of such trees and shrubs have opportunity to trim said trees
themselves.
[Ord. No. 635 §4, 11-20-1963]
In the event that the City Engineer shall observe any low hanging
branches of any trees or shrubs, upon or adjacent to the public easements,
which shall in his opinion constitute a danger or hazard to persons
or property lawfully upon the public easements shall notify the owner
of the property of such hazard or danger and shall further notify
such owner of the manner in which said condition is required to be
remedied and that if not accomplished within ten (10) days from the
date of such notice any such owner who fails to remedy such condition
shall be deemed guilty of a misdemeanor, and further, that in such
event the condition may be remedied, in the default of the owner of
such property, under the auspices of the City, at the cost of the
owner of such property.
[Ord. No. 635 §6, 11-20-1963]
Each day after the expiration of ten (10) days from the date
of notice of such hazardous or dangerous condition to the owner of
the premises, or portion thereof during which the condition is permitted
to exist, shall constitute a separate offense, punishable for each
day.
[Ord. No. 635 §5, 11-20-1963]
In the event that any property owner shall fail to comply with
the lawful requirements of the City Engineer with respect to tree
or shrub trimming within ten (10) days of the notice of the existence
of a hazardous or dangerous condition, the City Engineer shall have
full and complete authority to order any such overhanging or low hanging
branches constituting a hazard or danger to persons or property lawfully
upon the public easements to be trimmed so that same shall no longer
constitute a hazard or danger to the public, said trimming to be accomplished
at the initial expense of the City, to be billed and charged against
such owner, the charge to constitute a lien upon the property of such
owner.
[Ord. No. 635 §9, 11-20-1963]
Upon approval of the City, the removal of healthy trees and
shrubs located in or upon the public easements by owners of the property
of which such public easement is a part is authorized to relieve property
owner of complying with the provisions of this Chapter. The cost of
the removal of healthy trees and shrubs located in or upon the public
easements shall be borne by the property owner concerned.
[Ord. No. 92-76 §1, 12-2-1992]
The removal or cutting of trees or shrubs for commercial or
lumbering purposes or for sale is prohibited.
[Ord. No. 635 §10(1), 11-20-1963]
Civil organizations and individual property owners desiring
to improve the appearance of their respective neighborhoods by planting
shrubs and bushes upon divider strips, islands and circles in the
rights-of-way may do so upon approval of the City Council, after filing
a written application with the City requesting authorization for such
planting. A landscape plan showing location of each shrub or bush
in relation to each other and the curb line of divider, island or
circle must accompany each written application. In no case will the
City authorize planting of shrubs and bushes within right-of-way that
will present a hazard to vehicular traffic, obstruct the vision of
motor vehicle operators, nor shall the height and width of said shrubs
and bushes be such that small children, playing in the planted area,
may be hidden from view.
[Ord. No. 635 §10(2), 11-20-1963]
A.
The following
limitations are established and shall govern the approval of all applications
for planting shrubs and bushes within rights-of-way of the City:
1.
Shrubs
or bushes planted in a continuous unbroken line shall be limited to
thirty-six (36) inches in height.
2.
Shrubs
(evergreens) planted in a straight line with separation shall be planted
not less than thirty-six (36) inches apart. Distance between evergreens
shall be measured from the expected full growth potential and not
from the center line (stem of evergreen) of young undeveloped evergreens.
In cases where the width of dividers or islands will permit the planting
of two (2) rows of evergreens, the second (2nd) row of evergreens
shall be planted directly opposite the first (1st) row of evergreens
to provide open areas of vision to motor vehicle operators.
3.
The
maximum height of thirty-six (36) inches established for all planted
shrubs and bushes shall be measured from the ground level of the street
or roadway and shall not be measured from the ground level of the
divider, island or circle concerned.
4.
All
applications for planting within the rights-of-way within the City
shall be reviewed by the City Engineer and the Chief of Police for
potential traffic or safety hazards. In each application, depending
upon the width of the divider, island or circle, the City Engineer
and Chief of Police shall establish the distance that planting shall
be set back from the parallel curb lines.
5.
Curb
lines of dividers and islands that end at a street intersection shall
be free from all visual obstructions for a distance of not less than
ten (10) feet from said curb line. No shrub or bush shall be planted
in this area under any circumstances.
[Ord. No. 635 §10(3), 11-20-1963]
Each application requesting authorization to plant shrubs and
bushes in divider strips, islands or circles shall contain the names
of individuals of civic organizations, groups of individual property
owners or the individual property owner who shall be charged with
responsibility for the care and maintenance of the shrubs or bushes,
to include the removal of dead shrubs and bushes. The cost of such
planting, care and maintenance of shrubs and bushes or the removal
of dead shrubs and bushes, under the provision of this Section shall
be borne by the applicant.
[Ord. No. 635 §7, 11-20-1963]
Any violation of this Chapter shall be punishable as provided in Section 100.080 of this Code.
[Ord. No. 73-73 §§1-4, 11-21-1973; Ord. No. 84-34 §1, 6-20-1984]
A.
There
shall be provided an unobstructed view across the triangle formed
by joining points measured thirty (30) feet distant along the property
line from the intersection of two (2) streets. Within the area of
the triangle the owner of any property situated at an intersection
shall not permit any sight-obscuring or partly obscuring wall, fence,
sign, vegetation, landscaping, trees or foliage higher than twenty-four
(24) inches above the curb grade or in the case of a tree, no foliage
lower than ten (10) feet. Vertical measurement shall be made at the
top of the curb on the street or if no curb exists from the edge of
the nearest traveled way.
B.
The City
Engineer is hereby authorized to give notice to owners or tenants
or persons occupying any property to remove any obstruction to sight
as herein defined within ten (10) days after the date of such notice.
C.
In the event any obstruction to sight shall not be removed within ten (10) days after the date of such notice, the City may remove such obstruction to sight. The cost and expense to the City of removing such obstruction to sight shall be charged by notice of assessment to the owner of the property on which such obstruction to sight is located. Such cost and expense shall be a lien against the property from which such obstruction to sight is removed until the same shall be paid in full. The provisions of Ordinance No. 73-17 (Section 105.230, et seq.) is hereby made applicable to such notice of assessment and lien.
