The purpose of this article is to ensure the safe passage of vehicles and pedestrians, to protect public infrastructure, and to preserve the health and safety of trees within the City of Weimar. This article establishes standards for the maintenance of trees, shrubs, and ornamental trees on private property and in the public right-of-way, and sets forth enforcement procedures to ensure compliance.
(Ordinance 2025-12-11-01 adopted 12/11/2025)
For the purposes of this article, the following terms shall have the meanings indicated:
Tree or shrub.
Any woody plant, including but not limited to trees, shrubs, and ornamental trees, planted or growing within the public right-of-way or on private property.
Visibility triangle.
The triangular area formed by the intersection of two streets and the line of sight from the intersection, as defined by the City of Weimar.
(Ordinance 2025-12-11-01 adopted 12/11/2025)
(a) 
Clearance requirements.
(1) 
It shall be unlawful for any property owner or occupant to permit or cause to be maintained any tree, shrub, or plant within any public right-of-way or visibility triangle that interferes with vehicular traffic, obstructs the view of motor vehicle operators, or interferes with the free passage of pedestrians on public sidewalks.
(2) 
Tree limbs or branches shall maintain the following minimum clearances:
(A) 
Ten (10) feet in height within the visibility triangle;
(B) 
Fourteen (14) feet in height above the street area, measured from the nearest top of pavement surface or natural ground, whichever is higher;
(C) 
Eight (8) feet in height above any portion of a sidewalk.
(3) 
No tree, shrub, or plant shall obstruct the view of traffic control devices or street signs, or otherwise create a traffic hazard.
(b) 
Owner responsibility.
(1) 
Property owners are responsible for maintaining trees, shrubs, and ornamental trees in compliance with the clearance requirements of this article.
(2) 
If a tree or shrub does not meet the required clearances, the City of Weimar is authorized to notify the property owner in writing of the required corrective action.
(Ordinance 2025-12-11-01 adopted 12/11/2025)
(a) 
Notification process.
(1) 
If a tree, shrub, or ornamental tree is found to be in violation of this article, the City Code Officer shall notify the property owner via a door hanger or written notice.
(2) 
The notice shall provide the property owner with fourteen (14) days to:
(A) 
Correct the violation themselves; or
(B) 
Hire a qualified tree service to bring the tree or shrub into compliance with ordinance standards.
(b) 
City pruning after notice.
(1) 
If the violation is not corrected within the fourteen-day notice period, the City may perform the required pruning within the public right-of-way or easement at the City's expense.
(2) 
City intervention under this section shall be limited to work necessary to achieve compliance with this article and shall not extend beyond the public right-of-way or easement.
(Ordinance 2025-12-11-01 adopted 12/11/2025)
(a) 
Continued noncompliance.
Failure to correct a violation within the notice period shall constitute noncompliance with this article.
(b) 
City authority.
In cases of noncompliance, the City is authorized to take corrective action as provided in this article to ensure public safety and compliance with clearance requirements.
(c) 
No cost to property owner for city pruning.
When the City performs pruning pursuant to this article within the public right-of-way or easement, such work shall be performed at the City's expense, and no assessment or charge shall be imposed upon the property owner for that work.
(Ordinance 2025-12-11-01 adopted 12/11/2025)
(a) 
Imminent threat.
If the City determines that a tree poses an imminent threat to public safety, infrastructure, or property, the City may secure the area and/or remove or trim the hazardous tree immediately, without prior notice to the property owner.
(Ordinance 2025-12-11-01 adopted 12/11/2025)
(a) 
Any person, firm, or corporation found in violation of this article shall be subject to penalties as provided in the City of Weimar Code of Ordinances.
(b) 
Each day a violation continues shall constitute a separate offense.
(Ordinance 2025-12-11-01 adopted 12/11/2025)