§ 54-148. Abatement of public hazard or nuisance.

A. 

It shall be the duty of any person(s) owning or occupying real property bordering on any public street or thoroughfare, upon which property there may be trees, to prune in such a manner that they will not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or intersection so as to pose a threat to pedestrian and vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight feet over sidewalks, and 12 feet over all streets and thoroughfares and/or at the discretion of the Board of Park Commissioners, in conjunction with the Urban Tree Commission and the Tree Warden.

B. 

It shall further be the duty of any person owning or occupying real property upon which there may be a tree(s) to prune, remove, or treat any tree(s) or part thereof which is in an unsafe condition or which, by reason of its nature, poses a threat to persons or public property, or is injurious to sewers or other public improvements or rights-of-way, or is afflicted with an injurious parasite, insect, or other pest so as to constitute a threat to the health and welfare of the public as well as that of the City's urban forest.

C. 

Notice to prune, remove, or treat tree(s) on private property.

(1) 

Should any person owning real property bordering on any street or public thoroughfare fail to prune, remove or treat any tree(s) as herein provided above, the Board of Park Commissioners, in conjunction with the Urban Tree Commission and the Tree Warden, shall inform such person that corrective action shall be taken within three weeks or sooner, depending on the seriousness of the problem, upon receipt of a written notice from Board of Park Commissioners, in conjunction with the Urban Tree Commission and the Tree Warden.

(2) 

The order required in this section shall be a written notice, served by certified mail, from the Board of Park Commissioners, in conjunction with the Urban Tree Commission and the Tree Warden, to the property owner at his or her last known address.

(3) 

When a person to whom an order for tree care is directed fails to comply within a reasonable time, it may be lawful for the Board of Park Commissioners, in conjunction with the Urban Tree Commission and the Tree Warden, to take such action as is necessary to ensure public safety and that of the urban forest. A charge for services rendered should be assessed to the property owner and shall constitute a property lien in the event it remains unpaid.