No trees, shrubs, brush or other growing thing shall hereafter be permitted to grow to a height in excess of 3½ feet above the nearest curb intersection point, measured from the top of the curb within a triangle composed of such nearest curb intersection point and points 90 feet therefrom back along the curbs used in determining such curb intersection point. In the absence of a curb on either of two intersecting streets, the nearest outside street surface intersection point within a triangle composed of such outside street surface intersection point and points 90 feet therefrom back along the edges of the streets shall be used in determining such outside street surface intersection point. No structure which would interfere with the intervisibility of users of intersecting streets shall be erected within either of such triangles. This shall not be construed to affect presently existing structures, nor structures hereafter erected in accordance with properly issued building permits which have been specifically approved by the governing body of this city. All trees and other growing things presently within any of such triangles shall be kept trimmed so that only their trunks or stems appear between a height of 3½ feet and six feet above the nearest curb or street surface intersection point.

(Code 1988, § 13-705; Code 2016, Sec. 98-1)

(a)   Declared nuisance; notice to remove. All dead trees adjacent to right-of-way utility lines or electric wires, sidewalks and areas which people frequent are declared to be a public nuisance and shall be removed by the property owner at the property owner’s own expense. The notice shall be sent to the last known address by certified mail. If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the city shall proceed to have the designated tree removed, and report the cost thereof to the city clerk, and the cost of such removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree was located. The city clerk shall at the time of certifying other city taxes to the county clerk certify the unpaid costs, and the county clerk shall extend such costs on the tax roll of the county against the lot or parcel of ground.

(b)   Removal by city. If the property owner shall not remove the dead trees as provided for in subsection (a), then the city administrator shall cause notice to be given as provided in subsection (a); and if not removed, as provided in subsection (a) of this section, then the city shall remove the tree and shall certify the cost thereof to the county clerk as provided in subsection (a).

(Ord. 3199, § 1, 2-25-97; Code 2016, Sec. 98-2)