City of Bowling Green, MO Article V Trees, Shrubs And Grasses

Section 220.090 Maximum Height Allowed.

[Ord. No. 1874, 5-21-2018]

A. Trees And Shrubs. The owner or occupant of the property within the City shall maintain trees and shrubs on the property and on adjoining rights-of-way and alleys in a safe and healthy manner and keep the trees and shrubs on the property and on adjoining rights-of-way properly pruned, trimmed or removed so as to avoid hazards to persons and property using the streets or sidewalks adjoining or located on such property or right-of-way.

B. Trees and shrubs shall be maintained as follows:

1. Trees.

a. Minimum height of limbs, eight (8) feet above any sidewalk or similar walking surface.

b. Minimum height of thirteen (13) feet above any roadway or similar driving surface.

2. Shrubs.

a. Maximum height of three (3) feet above grade within twenty (20) feet of any curb or edge of roadway surface.

b. At an intersection shrubs or trees shall not interfere with any public sidewalk, street, street light, street signs, or public utilities.

Section 220.100 Authority.

[Ord. No. 1874, 5-21-2018]

A. The Administrative Officer has the authority to modify these requirements when unusual circumstances exist provided the intent of this Chapter is met. It is the intent of this Chapter to avoid the creation of a traffic hazard by trees, shrubs, weeds, or grass obstructing visibility.

B. The Administrative Officer shall give a hearing after four (4) days' notice thereof, either personally or by United States mail to the owner, or owners, or their agents, or occupants, or by posting such notice on the premises.

C. Upon such notice the Administrative Officer may declare the hazard to be a nuisance and order the same to be removed within five (5) business days; and if the hazard is not removed within said five (5) business days the Administrative Officer has the authority to cause the hazard to be immediately cut down and removed and shall certify the costs of same to the City Clerk. All costs and expenses incurred by the City in removing or abating any hazard or nuisance on private property or adjoining right-of-way within the City limits may be assessed against the owner, and the same shall be assessed as a special tax bill against such private property in the same manner and with the same effect that special tax bills are assessed for certain other matters and shall be a lien against such property. Alternately, the cost of removing or abating a nuisance may be made a part of judgment by the Municipal Judge, in addition to the fine imposed, in case of conviction in Municipal Court of the person causing or maintaining any such nuisance in the City.

Section 220.110 Penalties.

[Ord. No. 1874, 5-21-2018]

A. Any person, firm, association, or corporation violating any provisions of this Chapter, may be prosecuted for the violation of this Chapter and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense. Each day such violation continues after service of written notice to abate shall constitute a separate offense; but a notice to abate is not a prerequisite to prosecution on each subsequent violation.

B. In addition to the penalties herein above authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this Chapter.

C. In addition to the penalties herein, the Administrative Officer, in the name of the City of Bowling Green, may take such other actions, either at law or in equity, that he/she deems necessary in order to execute and enforce the provisions of this Chapter.