Chapter 11.16 — SHRUBBERY

Hedges, shrubbery and trees obstructing visibility at intersections are declared to be a public nuisance.

(Ord. 1731 (part), 1988).

Whenever the traffic engineer finds that any hedge, shrubbery or tree growing inside the right-of-way obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, the engineer shall serve, or cause to be served upon the owner of the property where such hedge, shrubbery or tree is located, and any tenant on such property, a notice to trim or top said hedge, shrubbery or tree, or to remove the same if the obstruction to visibility cannot be remedied by trimming or topping. If the address of the owner and/or tenant is known, notice may be accomplished by first class mail addressed to the address of the owner and/or tenant. In addition to the foregoing information, the notice shall also specify the following:

(a)

If the trimming, topping or removal does not occur within ten days from the date that notice was served, the city shall accomplish the trimming, topping or removal itself;

(b)

The costs of trimming, topping or removal to the city may be billed to the owner, or any tenants on the property, and shall be a civil obligation of such owner and/or tenant; and

(c)

If costs are billed to owner, the costs of trimming, topping or removal shall be a lien charge upon the real property where the obstruction is located.

(Ord. 1731 (part), 1988).

If the obstruction is not trimmed, topped or removed within ten days after service of the notice specified in Section 11.16.020, the traffic engineer shall cause such trimming, topping or removal as is necessary to abate the obstruction.

(Ord. 1731 (part), 1988).

If traffic engineer bills the costs of abatement, the traffic engineer shall notify the owner of the following information.

(a)

The cost incurred in such abatement;

(b)

If such cost is not reimbursed to the city clerk within ten days of the date that the engineer's notice is served, the costs of abatement shall become a lien against the property where the obstruction was located;

(c)

If the owner, and any tenant, wishes to dispute the assessment, he or she may request a hearing before the city council by presenting a written notice to the city clerk within ten days after the engineer's notice was served on him or her.

(Ord. 1731 (part), 1988).

If no payment is received within ten days following service of the engineer's report, and no request has been made for a hearing, the cost of abating the obstruction shall become a special assessment against the property upon which the obstructing hedge, shrub or tree is located; and upon lien, said special assessment shall constitute a lien on said property for the amount of such assessment.

(Ord. 1731 (part), 1988).

All requests for hearing shall specify the reason that the owner or tenant disputes the assessment, and shall list an address and telephone number where such owner or tenant may be notified of the hearing date.

(Ord. 1731 (part), 1988).

Upon receipt of a request for hearing, the city clerk shall set a hearing date before the city council at the earliest convenient regular meeting not later than forty-five days, or sooner than five days, after receipt of the request. The city clerk shall then notify the owner, and any tenant, of the date and time of the hearing at least five days before said hearing date.

(Ord. 1731 (part), 1988).

At the time scheduled for the hearing, the city council shall hear the party requesting the hearing, as well as any other evidence that it deems relevant. At the conclusion of the hearing the council may take any of the following actions:

(a)

If the council finds that the costs assessed by the engineer accurately represent the actual cost incurred in abating the obstruction, it may uphold the assessment;

(b)

If the city council finds that the assessed costs do not accurately represent the actual costs of abating the obstruction, it may modify the assessment to reflect the amount of the actual cost.

(Ord. 1731 (part), 1988).

Any notices required under this chapter may be given by first class mail where the address of the recipient is known to the traffic engineer; if notice is given by first class mail, it shall be considered served on the day that it is deposited into a post office or mailbox of the United States Postal Service. If the address of the intended recipient is unknown, service shall be by means most reasonably calculated to give the intended recipient actual notice.

(Ord. 1731 (part), 1988).