[Ord. No. 1116 § 17, 6-21-2010]
It shall be unlawful for any property owners or lessees of such
property to plant any trees in the parkway or under any power lines
that exceed six (6) feet in height when fully grown. All trees must
have a clearance of ten (10) feet of all power lines, as specified
in ANSI A133.191944 and OSHA 1910.269.
[Ord. No. 1116 § 18, 6-21-2010]
Any tree branches on private property in the Town, which overhang
or intrude over or upon public streets, alleys, boulevards, roadways,
or sidewalks to such an extent that it interferes with the safety
of the traveling public, is hereby deemed and declared to be a nuisance.
Any such tree shall be deemed to so interfere if the branches thereof
shall overhang or intrude within and area of nine (9) feet above the
traveled surface of any sidewalk or twelve (12) feet above the traveled
surface of any street.
[Ord. No. 1116 § 19, 6-21-2010]
Any tree located on private property in the Town, which is either
dead or in such an unsafe or dangerous condition that it constitutes
a hazard to the safety of persons or vehicles traveling on any public
street, alley, boulevard, roadway or sidewalk in the Town, or to any
persons or structures living or adjacent to private property, is hereby
deemed and declared to be a nuisance.
[Ord. No. 1116 § 20, 6-21-2010]
Subject to constitutional limitations, authorized agents of the Town are hereby authorized to enter upon any private property within the Town to examine and inspect any tree thereon to determine if such tree is a nuisance as defined in Sections
215.170,
215.180 and
215.190. It shall be unlawful for any person to interfere with any such authorized agent making any examination permitted under this Section.
[Ord. No. 1116 § 21, 6-21-2010]
Whenever the designated official for the Town finds that a nuisance exists under any provision of this Chapter, he/she shall give notice, by certified mail addressed to the last known address of the owner of record or by personally serving the notice upon the owner of record, and if there is more than one owner of record, by such mail or personal service to any one of such owners. In the event the owner of the property is unknown, or his/her whereabouts is unknown, notice shall be given by posting such notice upon the property where the condition of nuisance exists. Such notice shall require the owner of the property to abate the nuisance in the manner stated in Section
215.220 as conditions warrant.
[Ord. No. 1116 § 22, 6-21-2010]
It shall be the duty of the owner of private property upon which any tree is located whose condition constitutes a nuisance under Sections
215.170,
215.180 and
215.190 to trim or remove such trees within thirty (30) days from receipt of the notice from the inspector to do so.
[Ord. No. 1116 § 23, 6-21-2010]
Any person, partnership, association or corporation violating
any of the provisions of this Chapter shall upon conviction thereof,
be fined in an amount not to exceed five hundred dollars ($500.00)
or by imprisonment for not more than three (3) months or both such
fine and imprisonment. Each day such violation is committed shall
constitute a separate offense and shall be punished as such hereunder.