§ 70-513. Landscaping maintenance requirements.

(a)

The owner of the property, his successors, heirs and assigns shall be responsible for the property maintenance of the area subject to an approved landscape plan. The maintenance provision of this section shall also apply to existing development and vacant properties.

(b)

Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control, and replacement of dead or diseased plant materials. Replacement of landscaping shall be of the same type of plant material as set forth in the approved landscape plan. Replacement shall occur in the next planting season, but in any event, such replacement time shall not exceed 180 days.

(c)

Trees and shrubs shall not be allowed to overhang or encroach upon walkways, drives, parking areas, adjacent property, traffic signs, sight triangles, fire hydrants, utility easements, aboveground utility service lines or facilities to the extent that they interfere with the use of these areas.

(d)

Where the property is adjacent to a public street and the landscaping is in the public right-of-way, the property owner is responsible for the installation and maintenance of the landscaping from the back of the curb.

(e)

Nonliving landscape features and ornaments shall also be maintained by repairing broken features and repainting as necessary.

(f)

Tree limbs, which overhang public sidewalks, shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree limbs, which overhang the street, shall be kept trimmed to a height at least 20 feet above the street level.

(Code 1985, § 10-14-8)