[Ord. No. 2016-34]
If the limbs or branches of any trees or shrubs grown on any
land in the Municipality extend over or into any of the public streets,
highways or right-of-ways in the Municipality and interfere with the
free and uninterrupted use of such streets, highways or right-of-ways
for any lawful purpose, the enforcement officer shall notify and direct
the owner of the premises on which such trees or shrubs may stand,
or the agent of such owner, to trim or detach, on or before a time
to be fixed in such notice, any limbs, branches or parts of trees
or shrubs so extending in the street, highway or right-of-way in the
Municipality. If the owner of any such trees or shrubs shall fail
or neglect to comply with the terms of such notice, the enforcement
officer is authorized and empowered to trim or detach, or cause to
be trimmed or detached, any limbs, branches or parts of trees or shrubs
so extending into the street, highway or right-of-way in the Municipality.
Upon completion of such work, there shall be rendered, by the enforcement
officer, to the owner of the premises on which such trees or shrubs
stood and for whom such work was done, a bill for such work, showing
the money expended by the Municipality therefor, and upon failure
of the party for whom such work was done and such money expended to
reimburse the Municipality within 60 days from the time of completion
of such work, suit shall be brought in the name of the Municipality
for the amount due in any court of competent jurisdiction.
[Ord. No. 2016-34]
Where any tree or shrub in any public street, highway or right-of-way
in the Municipality may be surrounded at the base of its trunk by
ground which is not open as required in section 22-6(a)(4) above,
or by open ground of less quantity or measurement than that herein
required in section 22-6(a)(4) above, it shall be the duty of the
enforcement officer to notify the owner of the property in front of
which any such tree or shrub may be to remove, within a time fixed
in such notice, so much of the substance, material or other covering
as may be necessary to give the space of open ground herein required.
If the person so notified shall not remove the substance, material
or covering by the time so fixed, the enforcement officer may do so,
or cause the same to be done and, upon completion thereof, render
a bill to the person so notified for the work done and the money expended
therefor. If payment shall not be made within 60 days from the time
of completion of such work, suit shall be brought in the name of the
Municipality for the amount due in any court of competent jurisdiction.
[Ord. No. 2016-34]
Any person having control over any wire for the transmission
of electric current or telephone, cable or any other utility service
along a public street, highway or right-of-way shall at all times
guard all trees and shrubs through which such wires pass against any
injury from the wires or from the current carried by them. Prior to
undertaking any work on the utility affecting any such tree or shrub,
the utility company shall provide at least five days' prior written
notice to the enforcement officer and abutting property owner of same.
The device or means used shall be subject to the approval of the enforcement
officer.