[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 11-6-1989
by L.L. No. 4-1989. Amendments noted where applicable.]
A.
The Village Board of Trustees of the Village of Carthage
has determined that there are and may be trees within the Village that pose
a danger to persons, property and the public safety and welfare. Such trees
and their limbs are likely to cause injury or damage to the persons or property
of members of the public or are likely to have an adverse effect upon the
public safety and welfare by causing an obstruction upon Village streets and
sidewalks.
B.
Therefore, the Village Board of Trustees of the Village
of Carthage recognizes that special regulation is necessary to provide for
the removal of such dangerous trees in order to prevent injury or damage to
persons or property and adverse effects upon the public safety and welfare.
This chapter shall be known as the "Village of Carthage Dangerous Tree
Removal Law."
As used in this chapter, the following terms shall have the meanings
indicated:
Includes trees on private property as well as on public property
that, by virtue of their location, size and/or condition, are likely to cause
injury or damage to the persons or property of members of the public or are
likely to have an adverse effect upon the public safety and welfare by causing
an obstruction upon Village streets and sidewalks.
The Village of Carthage, through its designee, shall make the inspections
and issue the notices and orders provided for herein.
As a prerequisite to the inspection and subsequent order of removal
of a suspected dangerous tree, a written statement by anyone identifying the
tree suspected of being dangerous must be filed with the Village.
After the Village's inspection of the identified tree and a determination
that it is dangerous, a notice, containing a description and location of the
dangerous tree and an order requiring the same to be removed within a specified
time, is to be served personally or by a posting of the notice on the property
and service by registered mail on the person upon whose property the dangerous
tree is located.
Any party receiving a notice pursuant to § 64-6 of this chapter may request a hearing within five days of such receipt to determine whether the tree is dangerous and whether removal is required. A hearing shall be held by the Village Board within 15 days of such request. In the event that no request for a hearing is made or that the Board finds removal is necessary after a hearing, or that the time limit for removal provided for in § 64-8 of this chapter has expired, the Village Board may, by resolution, authorize the dangerous tree's removal.
Once a party is notified that a dangerous tree is on his property and
must be removed, that party shall have a time period, as established by the
Village, not to exceed 30 days from the date of the notification letter within
which to remove said dangerous tree.
All costs and expenses incurred by the Village in connection with the
proceedings herein, including the cost of actually removing the dangerous
tree, if necessary, shall be assessed against the property upon which said
dangerous tree is located as a special assessment on the next Village tax
bill.
