Sec. 18-114. - Abatement of public hazard or nuisance.

(a)

It shall be the duty of any person(s) owning or occupying real property bordering on any public street or thoroughfare, upon which property there may be trees, to prune in such manner that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or intersection so as to pose a threat to pedestrian and vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight (8) feet over sidewalks, and twelve feet (12) over all streets and thoroughfares and/or at the discretion of the tree warden.

(b)

It shall further be the duty of any person owning or occupying real property upon which there may be tree(s), to prune, remove, or treat any tree(s) or part thereof which is in an unsafe condition or which, by reason of its nature, poses a threat to persons or public property, or is injurious to sewers or other public improvements or rights of way, or is afflicted with an injurious parasite, insect, or other pest so as to constitute a threat to the health and welfare to the public as well as that of the town's urban forest.

(c)

Notice to prune, remove, or treat tree(s) on private property.

(1)

Should any person owning real property bordering on any street or public thoroughfare fail to prune, remove or treat any tree(s) as herein provided above, the tree warden shall inform such person that corrective action shall be taken within a reasonable time, depending on the seriousness of the problem, upon receipt of a written notice from the tree warden.

(2)

The order required in this article shall be a written notice, served by certified mail, from the tree warden to the property owner at his or her last known address.

(3)

When a person to whom an order for tree care is directed fails to comply within a reasonable time, it shall be lawful for the tree warden to take such action as is necessary to insure public safety and that of the urban forest. A charge for services rendered will be assessed to the property owner and shall constitute a property lien in the event it remains unpaid.

(Ord. of 1-12-2016(2), § 18-7.14)