As used in this article:
A triangle sight area, at all intersections, which shall
include that portion of the public right-of-way and any corner lot
within a triangle formed by a diagonal line extending through points
on the two property lines twenty-five (25) feet from the street corner
intersection of the property lines (or that point of intersection
of the property lines extended) and the intersection of the curblines.
That area between the curbline or grade line of any public
street and the abutting private property line.
(2005 Code, sec. 12.1.45)
It shall be unlawful to set out, maintain or permit or cause
to be set out or maintained any tree, shrub, plant, sign or other
view obstruction having a height greater than two (2) feet 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 placed within such
area by authority of the city council.
(2005 Code, sec. 12.1.46)
It shall be unlawful to set out, maintain or permit or cause
to be set out or maintained any tree, shrub or plant within any parkway
area, other than within the intersection visibility triangle, which
exceeds two (2) feet in height above curb level. This prohibition
shall not apply to trees within the parkway area not more than twelve
(12) inches in diameter, when measured two (2) feet above curb level,
when such trees are trimmed at all times so that no branch is less
than seven (7) feet above curb level and which are planted no less
than twenty-five (25) feet apart; provided, however, such trees shall
not interfere with the free passage of vehicle operators or any traffic-control
device or street sign or otherwise create a traffic hazard.
(2005 Code, sec. 12.1.47)
It shall be the duty of the city council to cause a written
notice to be served upon the owner or occupant of any property upon
which any of the above violations exist [or] upon any owner or occupant
of any property which abuts any parkway area upon which any of the
above violations exist to correct such violation within ten (10) days
after service of such notice; if such violation is not corrected within
the ten (10) day period, the city council is hereby authorized and
directed to cause the tree or plant structure constituting such violation
to be trimmed, pruned, or removed to eliminate such prohibited condition,
with the cost of such trimming, pruning or removal to be assessed
against the property owner or abutting property owner, as the case
may be. This remedy shall be in addition to any other remedy provided
in this code.
(2005 Code, sec. 12.1.48)
