Sec. 18-115. - Authority of the tree warden to treat or remove trees on private property.

(a)

The tree warden or his/her designee, under the power herein given, may cause or order to be removed, pruned, or treated, any tree or part thereof on private property which is in an unsafe condition so that it poses a threat to the public or public property or which by reason of its nature is injurious to sewers or other public improvements or rights of way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the town's urban forest.

(b)

The tree warden or his/her designee shall have the power to enter upon any private property within the town to treat or cause order to be treated any tree infested with a parasite, insect or pest, when it shall be deemed necessary in his/her opinion to do so. Due notice shall be given to the property owner prior to any action.

(c)

It shall be unlawful for any person to hinder, prevent, delay or interfere with the tree warden or his/her designee, while engaged in the lawful execution of this article. This shall not be construed as an attempt to prohibit the purpose of any legal or equitable remedy in a court of competent jurisdiction.

(Ord. of 1-12-2016(2), § 18-7.15)