It shall be the duty of all persons owning or controlling any real estate in the city, abutting or adjoining any Street or avenue, to trim and keep trimmed the trees, brush, growth and undergrowth on their premises and the premises over which they exercise any control or which may be adjacent to the property owned by them. The growth, limbs and undergrowth therefrom shall not hang or extend down over any sidewalk less than eight feet from the level of such sidewalk nor less than 13 feet six inches over any street or avenue from the level of the street or avenue. This shall include but not be limited to trees, brush, growth and undergrowth located on the city right-of-way when same is adjacent to the owners property.

(Ord. 245, Sec. 1)

No tree shall be planted closer than three feet to any curb or sidewalk. No tree shall be planted closer than 10 feet to any fireplug.

(Ord. 245, Sec. 2)

The city shall have the right to plant, trim, spray, preserve 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 the symmetry and beauty of such public grounds. The city may 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, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. Any person, owning or controlling any real estate in the city, abutting or adjoining any street or avenue, shall have the right to remove any tree, plant or shrub located on the public right-of-way as long as such person has obtained the approval of the designated representative of the Governing Body of the city prior to any such removal.

(Ord. 245, Sec. 3)

In all areas on public or private property at any corner formed by two intersecting streets, it shall be unlawful to install, set out, maintain or allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstruction to view, within that triangle formed by the centerline of the intersecting streets drawn from the point of intersection back a distance of 90 feet with a line drawn to form a base. Traffic signs placed under the authority of the city marshal or other law enforcement officer shall not be considered a violation of this article. These provisions shall also not apply to permanent buildings, public utility poles, hedges trimmed to a height of less than 33 inches above gutter grade trees, the limbs of which are at all times kept trimmed of limbs and sucker or other growth on the trunk to a height of at least eight feet above the ground level or the limbs of which overhang the public street and are at all times kept trimmed of such growth to a height of at least 13 feet and six inches above the street level; or plant species not planted in the form of a hedge, which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; ornamental fence not exceeding four feet in ‘height, provided the ratio of the solid portion of the fence to the open shall not exceed one to four; official warning signs or signals; places where the contour of the ground is such that there can be no cross visibility at the intersection; or to signs mounted 10 feet or more above the ground whose supports do not constitute an obstruction.

(Ord. 245, Sec. 4)

The city shall have the right to cause the treatment or removal of any dead or damaged or diseased trees on private property within the city, when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees with the city.

(Ord. 245, Sec. 5)

When a violation of this article is alleged, the city shall give notice in writing, by mail, to the property owner or person in control of the property of the violation. The notice shall specify the violation and describe the action which must be taken to alleviate the violation. The notice shall allow a 30 day period during which the violator must alleviate the violation or file a petition with the city council for a variance from the ordinance. If the violation is not satisfactorily alleviated within 30 days, the city may cause the work to be done and charge the cost of the work to the property owner through assessment against the property on the owners taxes.

(Ord. 245, Sec. 6)

Whenever a tree has been removed from public or private property the person causing the removal will also remove any remaining tree stump to a level below the adjacent ground.

(Ord. 245, Sec. 7)

Any person seeking exemption from the requirements of this ordinance may do so by filing a variance petition with the Governing Body. On the filing of such a petition the Governing Body shall receive evidence and hear arguments on the proposed variance and may grant same by a majority vote of the Governing Body.

(Ord. 245, Sec. 8)