§ 32-40.1. Hazardous trees.

(a)

Every owner of any tree overhanging a street or sidewalk within the town is responsible for pruning the branches so that such branches shall not obstruct vehicles or pedestrians. Provided further, that all property owners within the town are hereby required to cause the removal of any dead or diseased trees on their property whenever such trees constitute a hazard to life and property, or harbor insects or diseases which constitute a potential threat to other trees.

(b)

If the owner or owners of any lot or other real property within the town, after the giving of two days' notice in writing by the town manager or his/her designated representative, shall refuse or neglect to perform the duties in connection with his or their property as specified in subsection (a) hereof, the town manager or his/her designated representative is hereby authorized to enter upon the property and have said tree and/or branches cut and removed; and the cost thereof shall be charged against said premises and shall constitute a lien thereon.

(c)

In case the owner of any lot or other real property is unknown or his whereabouts is not known or is a nonresident of this state, then a copy of the written notice herein above referred to shall be posted upon the premises for a period of 48 hours and, before any action to enforce such lien shall be had, the town clerk shall make an affidavit setting out the facts as to the unknown address or whereabouts of nonresidents; and, thereupon, service of the publication as now provided for by law against a nonresident defendant may be had, and an authority ad litem shall be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found.

(Ord. of 3-10-2009; Amend. of 5-15-2012; Amend. of 12-9-2014)