For the purposes of this article, the term “street gutter
flow line” means the street gutter flow line of the curb adjacent
to and bordering upon each restricted area described in this article.
If there is no such curb, the height restrictions set forth in this
article shall be based upon the actual level of the paved or used
portion of the public street adjacent to and bordering upon each such
restricted area.
(1973 Code, sec. 26-41; 1991 Code,
sec. 27-66; 2007 Code, sec. 36-91)
In addition to any penalty which may be imposed for the violation
of this article, the city shall be entitled to enter upon and remove
from the triangular corner areas described in this article any of
the growths prohibited by this article. Such entry and removal shall
be without liability to the owners thereof.
(1973 Code, sec. 26-42; 1991 Code,
sec. 27-67; 2007 Code, sec. 36-92)
The areas in the city restricted by the provisions of this article
are as follows:
(1)
All of that portion of land lying within a triangular shaped area
on each street corner within the city described by metes and bounds
as follows: Beginning at the precise corner of intersection point
of the curbs of each of the two streets forming each corner and extending
20 feet along each such curbline from the curb intersection point,
the third side being determined by the drawing of a straight line
from the ends of such 20-foot extensions, whether the land be privately
owned or unpaved or untraveled street right-of-way property.
(2)
Where no curbs are in existence at such street intersections, said
20-foot lines shall coincide with the central flow line of the ditches
paralleling such uncurbed streets as shall be determined by the city
engineer.
(1973 Code, sec. 26-43; 1991 Code,
sec. 27-68; 2007 Code, sec. 36-93)
No person shall plant, grow or maintain in any restricted area
any plant, hedge, shrub or other growth, except trees at a height
greater than three feet from the street gutter flow line.
(1973 Code, sec. 26-44; 1991 Code,
sec. 27-69; 2007 Code, sec. 36-94)
Any trees planted, grown and maintained in any restricted area
shall not have branches or foliage extending from the trunk thereof
at a height lower than 15 feet from the street gutter flow line.
(1973 Code, sec. 26-45; 1991 Code,
sec. 27-70; 2007 Code, sec. 36-95)
