Every owner or occupant of any house, building lot or premises in the city shall keep all trees, hedges and other plantings in or adjacent to any public street, avenue, alley or parking right-of-way trimmed so that the branches thereof over all sidewalks and driveways shall not be lower than eight (8) feet from the surface of said sidewalk or driveway, and so that limbs overhanging any such public street, avenue or alley shall not be lower than sixteen (16) feet from the surface thereof. All dead trees located in the public right-of-way as to any public street, avenue, alley or parking shall be promptly removed, which removal shall be conducted in a manner which does not endanger the public or cause an obstruction to the public right-of-way or its use by the public.
(Ord. 862; Code 2016)
Whenever any person whose duty it is to keep such trees trimmed or cut or dead trees removed as provided for in Section 12-401 hereof, shall fail so to do, the City Clerk shall serve notice or cause to be served upon such person a notice requiring the same to be done forthwith, and if such person or persons shall fail to cause such trees to be trimmed or dead trees removed as provided for in Section 12-401 hereof, within ten (10) days after the service of said notice, he shall be guilty of an offense and punished as hereinafter provided; such notice may be served by delivering the same, or a copy thereof, to such owner or occupant, or by leaving the same at his usual place of business or abode, and in case such owner is a nonresident of the city, by posting such notice in a conspicuous place upon the lot in front of which such trees may be located.
(K.S.A. 12-3201; Code 2016)
In the event of the failure of such owner, occupant or agent to trim or cause such trees to be trimmed, or to remove dead trees within the time provided by such notice, said trees may be trimmed or dead trees may be removed by the city and the cost thereof taxed against any lot or tract of ground on which said trees front or abut, and such expense shall be levied, certified and collected in the same manner as special assessment for repairing and building sidewalks.
(K.S.A. 12-3201; Code 2016)