[Ord. No. 1241, 7-6-2015]
It shall be unlawful for the owner of any private property to
allow any tree thereon to overhang or intrude upon any public street,
alley, boulevard, public way or sidewalk to such an extent that the
tree unreasonably interferes with the traveling public. Any such tree
shall be deemed to so interfere if the branches thereof extend into
the public way at a height of less than nine (9) feet above the surface
of any sidewalk or twelve (12) feet above the surface of any street.
[Ord. No. 1241, 7-6-2015]
It shall be unlawful for the owner or occupant of any private
property to allow any tree thereon to become or remain in such an
unsafe condition from age, disease, storm or insect damage or other
cause so that the tree, or any part thereof, is apt to fall upon the
public ways or do injury to persons traveling the public ways or thoroughfares
of the City.
[Ord. No. 1241, 7-6-2015]
It shall be unlawful for the owner of any private property to
allow any trees thereon to overhang or intrude into the public way
so as to obscure the visibility of any traffic control signal, sign
or device to traveling motorists or in any manner to cause a visual
obstruction within one hundred twenty (120) feet of the intersections
of City streets, whether or not such trees overhang or intrude into
the public way.
[Ord. No. 1241, 7-6-2015]
Any tree which violates the provisions of this Article is declared
to be a public nuisance per se.
[Ord. No. 1241, 7-6-2015]
The Code Enforcement Officer is hereby authorized to abate any such nuisance when the owner of any such tree shall fail or refuse to do so, after being given notice to so remove by any of the method set forth in Section 215.010 of the Municipal Code of the City of Portageville. The owner of the property at the time the nuisance was abated shall be personally liable to the City for the cost of the abatement, which shall be a lien upon the tract of land upon which the nuisance was located until paid in full. The Code Enforcement Officer shall certify the costs of the abatement to the Director of Finance. Procedures for collection and appeal of charges shall be the same as set forth in Section 215.010.
[Ord. No. 1241, 7-6-2015]
In the event any tree or part thereof in violation of this Article
presents an imminent danger of harm to the safety of the public so
as to constitute an emergency, the Code Enforcement Officer may summarily
remove the tree, or part thereof causing such danger, without the
giving of prior notice to the owner.
[Ord. No. 1241, 7-6-2015]
As used herein:
Includes any shrub, hedge, bush, or other vegetation apt
to fall upon and cause injury or damage to those using the public
ways, or which causes an obstruction or interference with the passage
of the traveling public, or which obscures the visibility of traffic
control signs, signals or devices, or which constitutes a visual obstruction
within one hundred twenty (120) feet of the intersections of City
streets.
