WHEREAS, the city of Oakwood is vitally concerned with the health, safety, and welfare of its residents and of all who use public rights-of-way in the City, whether by motor vehicle, other mode of vehicular transit, or as a pedestrian; and

WHEREAS, the City is likewise concerned with the protection of private property rights for its residents, while acknowledging that such rights do not permit private property owners to create or maintain a nuisance condition that poses a safety hazard along or adjacent to a public right-of-way; and

WHEREAS, the City has a compelling governmental interest in ensuring that sightlines along public rights-of-way are preserved and maintained free from obstruction, so as to promote the safe and orderly flow of vehicular and pedestrian traffic; to reduce the likelihood of accidents and injuries; and to otherwise promote the public health, safety, and welfare; and

WHEREAS, Council has authority under the Laws and Constitution of the State of Ohio, including but not limited to Article 18, Sections 3, 4, and 7, to regulate public and private entities which use or impact the use of public rights-of-way within the City; and

WHEREAS, Council finds that it will benefit the public health, safety and welfare of the citizens of Oakwood to establish a clear procedure to preserve and maintain critical sightlines along public rights-of-way, with reference to appropriate traffic engineering standards, while affording due process to property owners when sightlines are impeded by vegetation growing on their private property;