[HISTORY: Adopted by the Common Council of the City of Linwood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-2013 by Ord. No. 12-2013]
A.
Any tree or ornamental tree growing on private property which is
endangering or, in the opinion of the Code Enforcement Officer, constitutes
a danger to the public streets, public places, or public right-of-way
or which in any way endangers the usefulness of a public sewer or
public utility, shall be removed or trimmed by the owner of the property
within 30 days after receipt of notice by certified mail from the
Code Enforcement Officer. In the event the property owner fails to
remove or trim such tree within said time, the Code Enforcement Officer
may then have such tree removed or trimmed and assess the cost thereof
against the property owner. Ten days' prior notice of the assessment
hearing before the governing body shall be given to the property owner
and, upon confirmation by the governing body, such cost shall become
a lien on the property and shall bear interest of the same rate as
taxes and shall be collected and enforced by the same officer and
in the same manner as taxes or may be collected by court action.
B.
The decision of the Code Enforcement Officer shall be based upon
the following:
(1)
The condition of the tree(s) with respect to disease and hazardousness,
danger of falling, proximity to public streets, existing or proposed
structures and interference with utility services.
(2)
The effect of the removal on the ecological systems.
(3)
The character at the proposed site of removal with respect to existing
vegetation management practice.
This article shall be administered and enforced by the Code
Enforcement Officer, who shall be designated from time to time by
resolution of the City's governing body.
Any person aggrieved by the decision of the official discharged
with the administration and enforcement of this article shall have
the right, within 10 days of the issuance of any decision by such
official, to appeal to the Linwood Shade Tree Commission for approval
of an alternate plan, and such Shade Tree Commission shall take action
as it deems necessary in either matter. In the event of such an appeal,
the procedures shall be as set forth and directed by the Shade Tree
Commission.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punished by a fine
of not more than $1,000 or by imprisonment in the county jail for
a term not to exceed 90 days, or both, in the discretion of the court.
Each tree removed or damaged in violation of this article shall be
deemed a separate offense.
