Certain words in this division are qualified, restricted and
defined as follows:
Any minor public way which is used primarily to locate and
to provide vehicular access to public utilities or easements.
A triangle sight area, at all intersections, which shall
include that portion of the public right-of-way and any portion of
a corner lot within a triangle formed by a diagonal line extending
through points on the two (2) property lines twenty (20) feet from
the street corner intersection of the property lines (or that point
of intersection of the property lines extended) and intersecting the
curblines.
That area between the curbline of any public street or alleyway
and the abutting private property line.
Any public right-of-way designed primarily for vehicular
traffic, other than an alley, and shall run from curbline to curbline,
or from drainage ditch to drainage ditch.
(Ordinance 93-60, sec. 1, adopted 10/12/93; 1957 Code, sec. 16-72)
No person shall allow a nuisance such as is described herein
to exist on property that he owns and/or controls, and any person
failing to remove the nuisance after being instructed to do so by
the director of public works or on appeal by the city manager shall
be guilty of a misdemeanor and shall be subject to a fine not to exceed
two hundred dollars ($200.00). Each day that the nuisance shall exist
in violation of such sections shall constitute a separate offense.
(Ordinance 93-60, sec. 1, adopted 10/12/93; 1957 Code, sec. 16-77)
A tree, shrub or plant shall be deemed a nuisance if it or any
part of it:
(1)
Appears
dead or for any other reason appears likely to fall in the city right-of-way;
(2)
Is
located in or over the city street or alley and is not pruned to a
height of sixteen (16) feet;
(3)
Is
located within the parkway and is not pruned to a height of less than
eighteen (18) inches or greater than eight (8) [feet] above the sidewalk
or top of curb;
(4)
Obstructs
a curb, gutter, street or alley, or sidewalk;
(5)
Interferes
with sewers;
(6)
Interferes
with public utilities;
(7)
Interferes
in any manner with the collection of trash from a street or alley;
(8)
Obstructs
the view of a traffic-control device to the extent that it is not
easily visible from any street lane subject to the traffic-control
device from the applicable distance in the following table:
|
Speed Limit of Street
(MPH)
|
Clear Vision Distance Required
(Ft)
|
|---|---|
|
20
|
120
|
|
25
|
165
|
|
30
|
200
|
|
35
|
240
|
|
40
|
275
|
|
45
|
340
|
|
50
|
375
|
|
55
|
450
|
(Ordinance 93-60, sec. 1, adopted 10/12/93; 1957 Code, sec. 16-73)
It shall be unlawful to set out, maintain or permit or cause
to be set out or maintained any tree, shrub or plant having a height
greater than eighteen (18) inches as measured from the top of the
curb of the adjacent streets within the intersection visibility triangle.
This restriction shall not apply to permanent structures authorized
by the zoning ordinance or to traffic-control signs and signals, street
signs or utility poles. Any tree, shrub or plant in violation of this
section is hereby declared a public nuisance.
(Ordinance 93-60, sec. 1, adopted 10/12/93; 1957 Code, sec. 16-74)
(a)
Upon
finding that any tree, shrub or plant or part thereof constitutes
a nuisance or an immediate danger exists to persons, property or other
vegetation, the director of public works or his duly authorized representative
shall direct the property owner or resident to abate the nuisance
by trimming the tree, shrub or plant or part thereof to a point where
it is once again in compliance with this division.
(1)
The method of service shall be in one or more of the following ways:
(A)
By personal delivery of the order to the person responsible.
(B)
By leaving the order with a person of suitable age and discretion
on the premises.
(C)
By mailing the order by certified mail to the last known address
of the owner of the premises.
(D)
By publishing the order in a local newspaper for five (5) consecutive
days.
(2)
The order shall set forth the time limit for compliance, which shall
depend upon the degree of danger created by the tree, shrub or plant,
but shall in no case be longer than thirty (30) days. In cases of
extreme danger, the director of public works or his duly authorized
representative shall have the authority to require immediate compliance.
(3)
A person to whom an order hereunder is directed shall have the right,
within forty-eight (48) hours of the service of such order, to appeal
to the city manager or his/her designee, who shall review such order
within five (5) days and file his decision thereon. Unless the order
is revoked or modified, it shall remain in full force and be obeyed
by the person to whom directed within one (1) week of receipt of notice
of the decision of the city manager.
(b)
If
at the end of the required time period the tree, shrub or plant has
not been removed, it shall be declared a nuisance, and the director
of public works or his duly authorized representative is hereby given
the authority to have the tree, shrub, plant or the offending portion
thereof removed. The costs of this service, including labor, equipment,
and materials, shall be assessed to the property owner.
(c)
The
city will furnish the property owner a written statement of the expenses
incurred by the city in abating the nuisance on his property. If the
property owner has not paid these charges in full within sixty (60)
days, a lien will be placed on the property for the amount of the
charges then outstanding. The property owner shall have a right to
appeal to the city manager or his/her designee to contest the charges
and the placement of the lien prior to the expiration of the sixty
(60) days.
(d)
The
levying of such lien shall not affect the liability of the person
to whom the order is directed with regard to criminal charges as are
herein provided.
(Ordinance 93-60, sec. 1, adopted 10/12/93; 1957 Code, sec. 16-75)
Nothing contained herein shall be deemed to impose any liability
upon the city or upon any of its officers or employees nor to relieve
the owner and occupant of any private property from the duty to keep
trees and shrubs and vegetation upon private property or under his
control in a safe condition. The city shall not be responsible for
the proper removal or disposal of vegetation or debris resulting from
abatement or enforcement.
(Ordinance 93-60, sec. 1, adopted 10/12/93; 1957 Code, sec. 16-76)
