[Ord. No. 1874, 5-21-2018]
A. Trees
And Shrubs. The owner or occupant of the property within the City
shall maintain trees and shrubs on the property and on adjoining rights-of-way
and alleys in a safe and healthy manner and keep the trees and shrubs
on the property and on adjoining rights-of-way properly pruned, trimmed
or removed so as to avoid hazards to persons and property using the
streets or sidewalks adjoining or located on such property or right-of-way.
B. Trees
and shrubs shall be maintained as follows:
1. Trees.
a. Minimum height of limbs, eight (8) feet above any sidewalk or similar
walking surface.
b. Minimum height of thirteen (13) feet above any roadway or similar
driving surface.
2. Shrubs.
a. Maximum height of three (3) feet above grade within twenty (20) feet
of any curb or edge of roadway surface.
b. At an intersection shrubs or trees shall not interfere with any public
sidewalk, street, street light, street signs, or public utilities.
[Ord. No. 1874, 5-21-2018]
A. The
Administrative Officer has the authority to modify these requirements
when unusual circumstances exist provided the intent of this Chapter
is met. It is the intent of this Chapter to avoid the creation of
a traffic hazard by trees, shrubs, weeds, or grass obstructing visibility.
B. The
Administrative Officer shall give a hearing after four (4) days' notice
thereof, either personally or by United States mail to the owner,
or owners, or their agents, or occupants, or by posting such notice
on the premises.
C. Upon
such notice the Administrative Officer may declare the hazard to be
a nuisance and order the same to be removed within five (5) business
days; and if the hazard is not removed within said five (5) business
days the Administrative Officer has the authority to cause the hazard
to be immediately cut down and removed and shall certify the costs
of same to the City Clerk. All costs and expenses incurred by the
City in removing or abating any hazard or nuisance on private property
or adjoining right-of-way within the City limits may be assessed against
the owner, and the same shall be assessed as a special tax bill against
such private property in the same manner and with the same effect
that special tax bills are assessed for certain other matters and
shall be a lien against such property. Alternately, the cost of removing
or abating a nuisance may be made a part of judgment by the Municipal
Judge, in addition to the fine imposed, in case of conviction in Municipal
Court of the person causing or maintaining any such nuisance in the
City.
[Ord. No. 1874, 5-21-2018]
A. Any
person, firm, association, or corporation violating any provisions
of this Chapter, may be prosecuted for the violation of this Chapter
and upon conviction shall be punished by a fine not exceeding five
hundred dollars ($500.00) for any one (1) offense. Each day such violation
continues after service of written notice to abate shall constitute
a separate offense; but a notice to abate is not a prerequisite to
prosecution on each subsequent violation.
B. In
addition to the penalties herein above authorized and established,
the City Attorney shall take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violations of this Chapter.
C. In
addition to the penalties herein, the Administrative Officer, in the
name of the City of Bowling Green, may take such other actions, either
at law or in equity, that he/she deems necessary in order to execute
and enforce the provisions of this Chapter.