[CC 1975 §61.010]
The Mayor of the City of Carl Junction is hereby given the authority
to order the trimming, preservation, or removal of trees or plants
upon public or private property when he/she shall find such action
necessary to the public safety or to prevent the spread of disease
or insects to public trees and places.
[CC 1975 §61.020]
A.
When the Mayor shall find it necessary to order the trimming, preservation, or removal of trees or plants upon private property, as authorized in Section 220.010 herein, he/she shall serve a written order to correct the dangerous condition upon the owner, operator, occupant, or other person responsible for its existence.
1.
Method of service. The order required herein shall
be served in one of the following ways:
a.
By making a personal delivery of the order to the person responsible.
b.
By leaving the order with some person of suitable age and discretion
upon the premises.
c.
By affixing a copy of the order to the door to the entrance of the
premises in violation.
d.
By mailing a copy of the order to the last known address of the owner
of the premises by registered mail.
2.
Time for compliance. The order required herein shall
set forth a time limit for compliance dependent upon the hazard and
danger created by the violation. In case of extreme danger to persons
or public property, the Mayor shall have the authority to require
compliance immediately upon service of the order.
3.
Appeal from order. A person to whom an order hereunder
is directed shall have the right within twenty-four (24) hours of
service of said order to appeal to the Board of Aldermen who shall
review such order within five (5) days and file its decision thereon.
Unless the order is revoked or modified, it shall remain in force
and be obeyed by the person to whom directed. No person to whom an
order is directed shall fail to comply with such order within ten
(10) days after an appeal shall have been determined.
4.
Failure to comply. When a person to whom an order
is directed shall fail to comply within the specified time, the Mayor
shall remedy the condition or contract with others for such purpose
and charge the cost thereof to the person to whom the order is directed.
The person remedying the condition under contract made hereunder shall
be authorized to enter the premises for that purpose.
5.
Special assessments. If the cost of remedying the
condition is not paid within ten (10) days after receipt of the statement
therefore from the Mayor, such costs shall be levied against the property
on which such hazard exists by special assessment. The levying of
such assessment shall not affect the liability of the person to whom
the order is directed to fine or imprisonment as herein provided.
Such special assessment shall be certified by the Mayor and shall
thereupon become and be a lien upon such property and shall be included
in the next tax bill rendered to the owner or owners thereof unless
paid before and shall be collected in the same manner as other taxes
against such property.
[CC 1975 §63.040; Ord. No. 90-35 §63.040, 12-4-1990]
A.
It
shall be unlawful for the owner of any lot or parcel of ground in
the City to maintain or allow to stand upon such lot or parcel of
ground any tree or tree limb which due to a diseased, decayed or broken
condition or for any other reason, endangers or is likely to injure
any person or property in and upon a street or any adjacent property
in the City, or cause damage to any tree of other land owners by the
spread of a contagious disease.
B.
It shall be the duty of the owner of any lot or parcel of ground in the City to properly cause such tree's tree limbs as are described in Subsection (A) of this Section to be cut down, and no tree or tree limb in the City which has been cut down or which has fallen or been broken down, shall be permitted to remain in or upon any sidewalk, street or adjacent property in the City, or so near thereto as to endanger any person thereon, and it shall be the duty of the owner of such lot or parcel of ground to cause the same to be promptly removed. It shall be unlawful for any such owner to fail so to do.
[CC 1975 §63.070; Ord. No. 90-35 §63.070, 12-4-1990; Ord. No. 12-41 §1, 12-18-2012]
A.
It
shall be unlawful and a nuisance for the owner of any lot alongside
any intersecting street or alongside any street which enters or runs
into another street to have or to permit any fence, wall sign or signboard
or billboard to be erected nearer than thirty (30) feet from the intersection
of any such street or to erect such structure to a greater height
than three (3) feet above the crown of the street at the point of
intersection.
B.
Every
person owning any such lot shall keep all trees trimmed of limbs,
branches and leaves which hang down or obstruct the vision between
a point twelve (12) feet above the crown of any such street and a
point three (3) feet above the crown of any such street where such
tree is located nearer than thirty (30) feet from the intersection
of any such street.
C.
It
shall be unlawful and a nuisance for the owner of any such lot to
keep or maintain any plants, flowers, shrubs, bushes, weeds or other
vegetation, other than trees, on any such lot at a point nearer than
thirty (30) feet from the intersection of any such street at a greater
height than three (3) feet above the crown of such street, unless
same are trimmed of limbs, branches and leaves between a point twelve
(12) feet above the crown of such street and a point three (3) feet
above the crown of such street.
D.
It
shall be unlawful and a nuisance for the owner, and/or resident, of
any such lot to keep or maintain any trees, plants, flowers, shrubs,
bushes, or other vegetation, which obstructs the vision of oncoming
traffic at a point nearer than one hundred fifty (150) feet from the
intersection of any residential street or alley, or five hundred (500)
feet from the intersection of any State highway.
E.
It
shall be unlawful and a nuisance for the owner of any lot, occupied
or otherwise, to maintain any trees, plants, flowers, shrubs, bushes,
or other vegetation which impede upon or over a sidewalk below a point
seven (7) feet above the crown of such sidewalk.
F.
It
shall be unlawful and a nuisance for the owner of any lot, occupied
or otherwise, to maintain any trees, plants, flowers, shrubs, bushes,
or other vegetation which impede upon or over any street or alley
below a point of twelve (12) feet above the crown of such street or
alley.
G.
In
the event any obstruction to the view of any street intersection shall
be maintained in violation of this Article, the City, after due notice
to the owner to abate or remove such nuisance, may through the proper
officer enter upon such real estate and remove any such obstructions
to the view or trim any such plants, flowers, shrubs, bushes, weeds,
trees or other vegetation which do not meet the requirements of this
Article. The cost of such work shall be assessed against the owner
in the manner prescribed by law.
[CC 1975 §63.400; Ord. No. 90-35 §63.400, 12-4-1990]
A.
It
shall be unlawful for any person to deposit or permit to remain on
any highway, street, alley, sidewalk, parkway, tree, lawn or public
place, except by street use permit, as herein provided, any building
material or equipment, rubbish, coal, debris, dirt, materials of any
kind, chattels or property which might obstruct the free use thereof
or hinder traffic of persons or vehicles, provided that:
1.
If, through necessity, an obstruction of the nature described is
placed thereon, the person responsible shall be relieved of the penalties
of this Section if he/she removes the same without unnecessary delay
and if he/she places red lanterns or lights on and around such obstruction,
lighted and placed in such manner and of such number as to be plainly
visible in all directions, between the hours of sunset and sunrise
while such obstruction so remains.
2.
Any person violating any provision of this Section shall be deemed
guilty of a misdemeanor.
[CC 1975 §63.410; Ord. No. 90-35 §63.410, 12-4-1990]
A.
It
shall be unlawful for any person to obstruct or occupy with building
materials or equipment, dirt piles, articles or materials of any kind
calculated to prevent free passage or use by the public, more than
one-half (½) of any sidewalk or more than one-third (1/3) of
any public roadway, highway or alley, or to in any manner obstruct
the free passage of water in any gutter, drain or alley with such
materials or articles.
B.
Any
person who shall violate any provision of this Section shall be deemed
guilty of a misdemeanor.
[CC 1975 §63.420; Ord. No. 90-35 §63.420, 12-4-1990]
A.
Any
person proposing to place any obstruction or obstructions upon a public
way, as set out in the preceding Sections, shall first secure a permit
to do so from the Mayor.
B.
Such
person may be required, at the discretion of the Board of Aldermen,
to make a cash deposit with the City Collector to insure that all
such obstructions will be safeguarded as required by this Article
and promptly removed. Said deposit shall be in an amount not to exceed
five hundred dollars ($500.00), and shall be refunded after full compliance
herewith and conditions restored equal to that existing prior to the
placing of the obstructions.
[CC 1975 §63.430; Ord. No. 90-35 §63.430, 12-4-1990]
A.
The
tenants or occupants of all premises occupied by them and the owners
or agents of vacant lots owned by them or under their control shall
keep the sidewalks in front of and adjoining the property owned, controlled
or occupied by them swept and clear of paper, dirt, mud, filth, animal
or vegetable matter or any substance or article.
B.
After
any fall of snow or sleet or formation of ice thereon, said owners,
agents, occupants or tenants shall cause the same to be removed within
twenty-four (24) hours from the sidewalk fronting or adjoining the
property owned, managed or occupied by them.
C.
Where
buildings are occupied by more than one (1) tenant, it shall be the
duty of the person or persons, occupying the tenement, or tenements
nearest the street to comply with the requirements of this Section.
D.
Any
person violating any provision of this Section shall be deemed guilty
of a misdemeanor.
