CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 8. TREES AND SHRUBBERY

Every owner or occupant of any house, building, lot or premises, in the city shall keep this shade, ornamental and other trees situated on his property and in the parkings abutting his property, trimmed so that the branches thereof over all roadways, alleys, sidewalks and driveways, shall not be lower than fourteen (14) feet from the surface of any highway and ten (10) feet over any other roadway, alley, sidewalk or driveway and no tree on any private property or any public property along any street shall be permitted to cut off the light of any street light.

(Ord. 523; Code 2012)

All dead trees in parkings are hereby declared to be a public nuisance and shall be removed by the owner or occupant of the abutting property at his own expense.

(Ord. 523; Code 2012)

Whenever any person, whose duty it is to keep any tree trimmed or cut as provided in Section 8-801, and whenever any person whose duty it is to remove dead trees in parkings, as required by Section 8-802, shall fail to do so, the City Clerk shall serve or cause to be served upon such person, a notice requiring the same to be done within the time specified in such notice. Such notice may be served by delivering the same or a copy thereof to such owner or occupant, or by leaving the same at his usual place of business or abode, and in case such owner is a nonresident of the city, then the City Clerk shall notify the owner by mailing a notice to his last known address.

(Ord. 523; Code 2012)

All trees or parts of trees blown onto the streets, across any sidewalk or alley, shall be removed as soon as possible by the city at no expense to the abutting property owner.

(Ord. 523; Code 2012)

It shall be the duty of the owner or occupant or person in control of any lots, lands, blocks, tracts or pieces of land within the city that have hedges growing thereon, to keep such hedges trimmed at all times so that they will not at any time be more than three (3) feet high where such hedges constitute a traffic hazard in the opinion of the Chief of Police. Such hedges shall also be trimmed so their limbs and branches will not extend at any time beyond the property line along a street or alley.

(Ord. 523; Code 2012)

Whenever any competent city authority, or competent state or federal authority, when requested by the governing body of the city, shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are dead, infected or infested with or harbors any tree or plant disease or insect pest or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or destruction of other trees or shrubs in the community, describing the same and where located, said governing body shall direct the City Clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or remove any such designated tree, tree material or shrub within a time to be specified in such notice; said notice shall be served by the city marshal or other police officer, by delivering a copy thereof to the owner, or agent of such property or if the same be unoccupied and the owner a nonresident, then the City Clerk shall notify the owner by mailing said notice to his last known address.

If the owner or agent shall fail to comply with the requirements of said notice within the time specified in the notice, then the City Street Superintendent or other designated officer shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the City Clerk, and the cost of such treatment or 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, tree material or shrub 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 the same on the tax roll of the county against said lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city and such fund shall be reimbursed when payments therefore are received.

(Ord. 523; Code 2012)

(a)   That the growing or keeping of fruit trees either inside or outside the sidewalks of the City of Moundridge, where fruit may fall on the sidewalks and endanger the safety of pedestrians or breed flies, is hereby declared a nuisance and the same is hereby prohibited and said trees are hereby ordered removed.

(b)   That if said trees are not removed within thirty days the same shall be removed by the city and the costs thereof plus a 25% penalty shall be assessed against the property.

(Ord. 247; Code 2012)