§ 26-67. Private trees—Clearance.

(a)

Every owner of any tree, plant, shrub overhanging any street, avenue, alley, sidewalk, boulevard, or other right-of-way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of at least sixteen (16) feet above the surface of the street, and at least eight (8) feet above the surface of the remainder of the right-of-way. Such owners shall remove all dead, dying, decaying, diseased, infested, or dangerous trees, or broken or decayed limbs or branches from trees where such limbs and branches overhang a street or public property or which constitute a menace to the safety of the public. Where the director of public works, city engineer or the engineer's designee determines that any tree or shrub located on private property interferes with the proper spread of light along the street from a street light, interferes with visibility of any traffic control device, or otherwise poses a threat to the safe use of the right-of-way by the public, the city shall have the right to enter upon said private property to trim or remove same as needed. Where practicable, the city shall give written notice by first-class letter, mailed at least five (5) days prior to any trimming or removal activities, to the property owner's last known address as shown by the records of the city assessor.

(b)

All shrubs and bushes located within the site clearance triangle areas described in section 28-126 of this Code shall not be permitted to grow to a height of more than two and one-half (2½) feet above the grade at the edge of the pavement. Canopy trees may be maintained in the site clearance triangle areas described in section 28-126 of this Code provided that all branches are trimmed to maintain a clear vision for a vertical height of ten (10) feet above the roadway surface.

(c)

In the event the city finds it necessary to act under this section, the director of public works shall cause an invoice to be directed to the owner of the property which shall be due and payable within thirty (30) days. If the owner fails to pay the invoiced charges within thirty (30) days of mailing of the invoice, the city may cause the cost reflected in the invoice to be assessed against the premises as a special assessment, and the city may institute an action against the owner for the collection of the costs in any court of competent jurisdiction. However, the city's attempt to collect such costs shall not invalidate or waive any lien filed against the property.

(Ord. No. 2013-24, § 2, 11-26-13, eff. 12-26-13)