§ 16-5. Same—Guidelines.

In ordering the cutting and removal of weeds, grasses and trees, the authorized department shall proceed by the following guidelines:

(1)

Except as otherwise provided, all lands, whether or not platted and/or subdivided, which have never been cleared or developed and which remain in their natural state, may be maintained in their undeveloped, natural state, provided that an order authorized by this section may be issued for portions of such property as is necessary to abate vegetation which blocks pedestrian or vehicular vision or traffic, provided further that in the event such lands are put to any use, including but not limited to pasturing for livestock, then such lands shall be maintained as is provided in subsection (2) below, and provided further that any inhabitant of the city may initiate a complaint to the city that a tract of land described in this subsection should be maintained as provided in subsection (2) below. If such complaint is received by the city, an investigation of the subject lands will be made. If the investigation results in a determination that the subject lands, even though such lands remain undeveloped, constitute a substantial health, fire, flooding or aesthetic hazard or detriment to the inhabitants of the city because of the subject lands' close proximity to developed lands, or for other reasons, the city shall order such lands maintained as is provided in subsection (2) below.

(2)

All lands, except those described in subsection (1) above, shall be maintained so that weeds and grasses thereon shall not exceed six (6) inches in height.

(3)

All lands which lie within the fire zones of the city shall be maintained so that grasses and weeds shall not exceed six (6) inches in height.

(4)

The owners and occupants of all lands, other than those described in subsection (1) above, shall maintain all unopened street rights-of-way, easements for utility drainage, walking or other purposes, unopened alleys, and opened alleys other than the portion of same used for vehicular traffic, which adjoin said owners' or occupants' lands so that weeds and grasses shall not exceed six (6) inches in height. If any such right-of-way, easement or alley is adjoined by the lands of two (2) property owners, then each owner and occupant shall maintain such right-of-way, easement or alley to the midpoint thereof.

(5)

The owners and occupants of all lands shall remove or cause to be removed all dead or dying trees and dead parts of living trees from such lands when such dead or dying trees or dead parts of trees shall constitute a hazard to personal safety or property due to the imminent possibility of their falling upon or being blown upon public property or property of other owners, or when such trees because of disease or decay constitute a nuisance and/or imminent health threat to other trees located on public property or property of other owners.

(Code 1976, § 18-4; Ord. No. 57-95, § 1, 8-15-95)