Ordinance #97
Trees
Vision Clearance - City of Buffalo City

ORDINANCE REGULATING VISION CLEARANCE, TREES & SHRUBS

The City Council of the City of Buffalo City does hereby ordain as follows:

Section 1. Vision Clearance . There shall be vision clearance setback line connecting the points at which the required front and side street setbacks on a comer lot, when projected, intersect the street lines. Within the space bounded by such vision clearance setback line and the street lines, no structure or object of natural growth shall be constructed, maintained or permitted to grow so as to create a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one street to another. This regulation shall not apply to the trunks of trees, posts not over 6 inches square or in diameter, or wire fences so designed and constructed as not to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one street to another.

Section 2. Pruning . Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not:

1. obstruct the light from any street lamp;

2. obstruct the view of any street intersection;

3. interfere with visibility of any traffic control device or sign;

4. have less than a clear space of nine (9) feet above the surface of the street or sidewalk;

5. constitute a public hazard.

Section 3. Any structure or object Of natural growth found to be in violation of the provisions of Section I or 2 shall be declared to be a nuisance. The Common Council shall notify in writing the owners of the existence of said nuisance, and within fifteen (15') days of the service of said notice, said owners shall remove or abate said nuisance so as to comply with the terms of the Ordinance. In the event of the failure of the owner to comply, the City shall have the authority to remove or abate said nuisance and charge the cost of, doing so, plus a $50.00 administrative fee, as a special charge against the property owner's real estate tax bill.

Section 4. Dead, Diseased, Hazard Tree or Limb Removal on Private Property. The City has the right to cause the removal of any dead or diseased trees on private property within the City when such trees constitute a hazard to life or property, or harbor insects or disease which constitute a potential threat to other trees within the City.

The City Council will notify in writing the owners of such trees. Within fifteen (15) calendar days after the date the notice is served the owner shall:

1. remove such trees or limbs at their own expense, or

2. provide proof to the City Council that a firm has been secured to do the job of removing the tree or limbs.

Removal shall be completed no later than forty-five (45) days after the original date notice was served. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove, upon proper notice to the owner, such trees or limbs and charge the cost of removal, plus an additional $50.00 administration fee, as a special charge against the property owners real estate tax bill.

Section 5. This ordinance shall take effect and be in force upon its passage and publication as provided by law.