Ordinance 26: Triming of Trees, Hedges, Etc.

WHEREAS, the President and Council of the Town of Townsend are vested with the responsibility of providing for the health, safety and welfare of the residents of the Town of Townsend, and

WHEREAS, the location and growth of trees and other similar growth within the Town of Townsend does under certain conditions hinder the free and uninterrupted flow of traffic, and

WHEREAS, the President and Council of the Town of Townsend have and do hereby empower the President or his duly designated representatives to enforce certain provisions relative to the care and maintenance of such trees;

NOW, THEREFORE, be it ordained by the President and Council of the Town of Townsend, in Council met:

SECTION I

That from and after the passage of this Ordinance, any person, firm, association or corporation who shall be the record owner of any property within the limits of the Town of Townsend which said property abuts on a public street, alley or way within the limits of the Town of Townsend, or any person, firm, association or corporation who shall be empowered on the public streets, alleys or ways within the limits of the Town of Townsend, shall be responsible for maintaining such property in a way and in a manner so as not to cause a hazard to public places or to interfere with the proper installation and/or maintenance of public Street and/or public utilities by allowing trees or other similar growth to grow in such a manner as to infringe on the public right of way to an extent which would cause injury to person utilizing said right of way where growth would be allowed to interfere with the installation and/or maintenance of utility lines within the limits of the Town of Townsend.

SECTION II

When the president or his duly designated representative agent shall find it necessary to order the trimming, preservation or removal of trees or other similar growth upon property which abuts the Town right of way, said President shall have authority where said tree in fact is located in the Town right of way to prune, trim or otherwise care and maintain for said tree to the extent where such pruning and/or care results in the remedying of a situation which would in fact be injurious to health, safety, and welfare of the residents of the Town of Townsend.

SECTION III

Where the President is of the opinion, after inspection of the premises, that the location of a tree or other similar growth is injurious to the health, safety, and welfare of the resident of the Town of Townsend, or where the location of said tree or other similar growth interferes directly with the maintenance of utility lines within the limits of the Town of Townsend, then in such case the President of the Council of the Town of Townsend shall remedy such situation only upon the following terms and conditions:

A.) That upon notification of the condition, the President shall contact the property owner or the person responsible for the maintenance of the said property, advising and property owner or person responsible for the condition and of the manner is which and condition affects the health, safety, and welfare of the residents of the Town of Townsend, or where said conditions affects the care and maintenance of utility lines within the Town of Townsend, said notice to be given in writing and delivered to the property owner by the President or his duly designated agent;

B.) Thereafter, the property owner or the person in charge of said property shall have two (2) weeks in which to remedy said dangerous condition;

C.) Any property owner affected by the provisions of the above sections, relative to the removal of trees or other similar growth located on the property of said owner or in the right of way immediately adjacent thereto, shall have the right upon receipt of notice from the President of the Council or his duly designated agent to appeal the decision of the President to the Townsend Town Council. Said meeting to be held within ten (10) days from the date of receipt of notice from the property owner to the President of the Council;

D.) Upon the expiration of the two (2) week period from the date of the receipt of the notice by the property owner, and having received no appeal from said property owner, the President or his duly designated agent shall have the right to remedy such condition by pruning, trimming or otherwise care for said tree or other growth so as to remedy the dangerous situation, but shall be empowered only to remedy such situation to the extent necessary;

E.) The President shall notify the property owner or person responsible of the amount incurred in connection with such action, and the property owner or person responsible shall be charged with the amount set forth in the statement.

SECTION IV

Any person to whom an order is directed and who shall fail to comply with the specified time, and where the President or his agent shall have remedied the condition and shall have assessed the cost against the owner or person responsible and where said person has not paid the amount within thirty (30) days after receipt of the notice, thereafter, the President shall order and direct the cost shall be levied again the property owner upon which the condition existed, said amount to be considered as a lien on the property.

First Reading: October 11, 1983; Second & Final Reading: November 11, 1983; Passed by Town Council: September 17, 1985; Signed by Town Council President: Carlene U. Foraker

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