Section 1067:00 Hazardous Plantings on Private Property
Section 1067:00. Definitions.
Subd. 1. Unless the context clearly indicates otherwise, the words, combinations of words, terms and phrases, as used in Section 1067:00, et. seq., shall have the meanings set forth in the subdivisions of this section which follow.
Subd. 2. 'Plantings" as used in this ordinance shall be construed to mean and include any bush, hedge, shrub or tree.
Subd. 3. 'Person" as used in this ordinance shall mean and include one (1) or more persons of either sex, natural persons, corporations, partnerships, associations, societies, and all other entities of any kind capable of being sued.
Subd. 4. 'City" as used in this ordinance is the City of Owatonna, Minnesota.
Subd. 5. 'Director of Public Works" is the Director of Public Works of Owatonna, Minnesota, or a duly appointed representative.
Subd. 6. 'Property Line" shall mean the outer edge of a street or highway right-of-way.
Section 1067:05. Limitation on Plant Growth and Location. No owner, lessee or occupant, nor agent, servant, representative, or employee of any such owner, lessee, or occupant having control of any lot or land or any part thereof within the corporate limits of this municipality shall permit or maintain on any such lot or land, or on or along any sidewalk adjacent to the same, or along any street or alley adjacent to the said property, any growth of plantings which are located on or extend over any public sidewalk, street or alley as follows:
Bushes, hedges and shrubs shall be planted and maintained to obtain a minimum clearance of twelve (12) inches from any public sidewalk and thirty-six (36) inches from any street or alley.
Bushes, hedges and shrubs shall be maintained at a maximum height of thirty (30) inches in the visibility triangle in accordance with Section VP of the Zoning Ordinance.
Trees shall be maintained to obtain a minimum clearance branch height of eight (8) feet above any public sidewalk and fourteen (14) feet above any street or alley.
Section 1067:10. Violation. Upon service of notice of a violation of this ordinance by the Director of Public Works, as hereinafter provided for, on the owner of the land, lessee or occupant or agent, servant, representative or employee of such owner, it shall be the responsibility of said owner to correct the violation within thirty (30) days. If the violation is not corrected by the end of the thirty (30) day period, the City shall perform the appropriate corrective action to only that portion of the planting in violation of this ordinance. Any other pruning, trimming, etc. shall be the responsibility of the owner.
Section 1067:15. Costs/Assessment. The actual cost of pruning, trimming or removal, together with a $25.00 administrative fee and such other additional costs incurred in connection therewith, shall be certified by the Director of Public Works to the Council prior to the first day of October in each year. The amount so charged against said premises, lots, or parcels of land shall be a lien upon the property on which said hazardous plantings were located, and shall be added to, and become, and form part of the taxes next to be assessed and levied upon such lot or land, and the Council shall, by appropriate resolution, assess the costs above mentioned against said premises, and certify the same to the County Auditor of Steele County, Minnesota. The same shall be collected and enforced in the same manner as the collection of real estate taxes.