It shall be the duty of the owner of any premises abutting on any street or public sidewalk in the city to cut and trim all trees or shrubbery growing on said premises, or on the adjacent parking between the property line and the street, in such a manner that the boughs and limbs thereof shall not obstruct free and convenient travel along streets and sidewalks or constitute a hazard to the users of said sidewalks and streets provided, that all trees extending over any portion thereof shall not overhang any sidewalk lower than eight (8) feet from the surface thereof, no lower than fourteen (14) feet from the roadway of any street, alley or public way.
(Code 2005, 5-500s; Code 2020)
It shall be unlawful for any person owning or controlling any hedge fence bordering on any street or sidewalk in the city to permit the same to grow to a height of more than three and one-half (3 ½) feet, or so as to overhang any sidewalk.
(Code 2005, 5-500s; Code 2020)
The city shall have the right to plant, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, water lines or other public improvements, or is affected with any injurious fungus, insect or pest.
(Code 2005, 5-500s; Code 2020)
Whenever any competent city authority or a competent state or federal authority shall file with the governing body a statement in writing based upon laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue a notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.
(Code 2005, 5-500s; Code 2020)
Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.
(Code 2005, 5-500s; Code 2020)
If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing such work, the governing body may contract with any competent person, company or corporation for the performance of such work.
(Code 2005, 5-500s; Code 2020)
No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.
(Code 2005, 5-500s; Code 2020)
(a) The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
(b) The city shall have the right to cause the removal of any dangerous, dead or diseased trees in private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owners property tax notice.
(Code 2005, 5-500s; Code 2020)
The city shall have the authority to treat or remove any tree as defined in 13-303 of this section, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.
(Code 2005, 5-500s; Code 2020)
The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for the treatment or removal performed under the authority of sections 13-306 and 13-308 and the county clerk shall extend same on the tax roll of the county against the lot or parcel of ground. The cost pf such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the city.
(Code 2005, 5-500s; Code 2020)
No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being on the premises, in the possession of another, or growing on any public ground, street, sidewalk, promenade or park of the city.
(Code 2005, 5-500s; Code 2020)
No person shall plant or cause to be planted nor allowed to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.
(Code 2005, 5-500s; Code 2020)