CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 7. Street Intersection Obstructions

It is unlawful to install, set out, maintain or allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, tree, natural growth, motor vehicle, trailer of any kind, or other obstruction to view, within a triangle formed by two right-of-way lines at the intersection of the two streets, and extending for a distance of 40 feet away from the intersection of the right-of-way line on any corner within said city. Provided, however, that the provisions of this section shall not apply to permanent buildings, public utility poles, hedges trimmed to a height of less than 36 inches above gutter grade, trees which are at all times kept trimmed of limbs and sucker growth to a height of at least 8 feet above ground level or the limbs of which overhang the public street and are at all times kept trimmed of sucker growth to a height of at least 13 feet 6 inches above street level and official signs or signals.

(Ord. 473; Code 2003; Code 2015)

It shall be the duty of every owner or occupant of a lot or tract of ground abutting upon any sidewalk, street, alley or other public way of the city, or adjacent to the street parking thereof, to cultivate trees, shrubbery and hedges in such a manner that the same shall not interfere with persons or travel upon or along such street, sidewalk, alley or other public way. It shall be the duty of all such persons to cut or trim any such trees so that the branches or limbs thereof shall not extend out over the sidewalks lower than 8 feet from the surface thereof, or over that portion of any street, alley or other public way used for vehicles lower than 13 feet 6 inches from the surface thereof. It shall be the further duty of all such persons to trim or cut all shrubbery or hedges so that the branches or limbs thereof shall not extend out over the sidewalk, street, alley or other public way and to maintain the height of such shrubbery and hedges not in excess of 30 inches, measured from the bottom of the gutter or drain of the adjacent street or other public way.

(Ord. 473; Code 2003; Code 2015)

The city shall have the right to trim any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign, such trimming to be confined to the area immediately above the right-of-way.

(Ord. 473; Code 2003; Code 2015)

Where any sign, fence, hedge, shrubbery, tree, natural growth, motor vehicle, trailer of any type, or other obstruction as herein defined shall obstruct the view of a driver to observe traffic entering the street from any intersecting street or interfere with any other movement upon or through any sidewalk, street, alley or other public way, or interfere with the proper spread of light along the street from a street light, or interfere with visibility of any traffic control device or sign, the city shall, after notice as hereinafter provided, be authorized to remove the obstruction.

(Ord. 473; Code 2003; Code 2015)

Any owner, or agent of the owner, or occupant failing to comply with the provisions of this article shall be notified by the city to remove the obstruction and such notice shall require conformity with this article within 10 days after personal service of said notice upon the owner or the agent of the owner, and the occupant. In the event the premises are unoccupied or the owner or the agent of the owner is unknown or a nonresident, the city shall give notice hereinbefore required by publishing the same in the official city newspaper.

(Ord. 473; Code 2003; Code 2015)

Whenever the provisions of this article have been violated and the city, after proper notice has been given and in the event the city performs or causes the work to be done, the cost of such work shall be reported to the city clerk and such costs shall be assessed against the property or abutting property as a special assessment. The city clerk shall certify such unpaid costs and request the county clerk to extend the same on the tax roll of the county against the property or abutting property as a special assessment.

(Ord. 473; Code 2003; Code 2015)

When such obstruction is a motor vehicle, trailer or any type, or other item of readily moveable personal property and the owner fails to remove such obstruction within five (5) days after notification to remove such obstruction, failure to remove the obstruction shall constitute an offense punishable by the penalty not to exceed $100.00 and every day said owner shall fail to remove it shall be a separate and distinct offense.

(Ord. 473; Code 2003; Code 2015)