[HISTORY: Adopted by the Town Board of the Town of Cornwall as indicated in article histories. Amendments noted where applicable.]
Unsafe buildings — See Ch. 72.
The Town Supervisor must be notified by any public utility desiring to undertake trimming of town trees within Cornwall (village excluded).
Permission once granted will allow tree trimming to begin under the supervision of the Town Tree Warden.
The following guidelines will be adhered to:
In general, trees will be permitted to grow naturally except where branches are growing closer than three feet to wires.
Overhead clearance of up to five feet will be permitted where tree limbs under three inches in diameter cross over wires.
Dead and dying limbs located above the wires should be cut to reduce hazard.
Any complaints by landowners lodged against the trimming crew doing the work must be reported by the crew to the Town Supervisor or to the Tree Warden for immediate investigation by town authorities.
Trimming operations must be conducted with utmost care for the safety of motorists, pedestrians and private property. All debris must be cleaned up as the work progresses.
When it is impractical to adhere to the above specifications due to unusual circumstances or conditions, the trimming crew must contact the Tree Warden for permission to modify trimming methods.
Upon completion of trimming operations within the town, notice of termination must be given to the Town Supervisor either directly or through the Tree Warden.
[Adopted 8-11-1975 by L.L. No. 1-1975]
The purpose of this article shall be to improve and promote the health, safety and general welfare of the inhabitants of the Town of Cornwall outside the area of the Incorporated Village of Cornwall by providing for the trimming or removal of certain dangerous trees within the Town of Cornwall which have been determined to be a hazard within the scope of this article.
As used in this article, the following terms shall have the meanings indicated:
- DANGEROUS TREE
- Any tree or any part thereof which is either dead, diseased, decayed or, due to other causes, is in such a state that there exists a clear and present danger of said tree or any part thereof falling due to natural causes so that the free and lawful usage of public highways could be impaired or endangered, or so that a structure or building located on lands adjoining the premises on which said dangerous tree is located could be damaged should the dangerous tree fall, or so that any person lawfully in the vicinity of said dangerous tree could receive bodily injury from the same should the dangerous tree fall.
Immediately upon receipt of a written complaint signed by a complainant that a dangerous tree exists within the Town of Cornwall, the Building Inspector of the Town of Cornwall shall make an on-site inspection of the dangerous tree. Following that inspection, the Building Inspector shall make a written report to the Town Board at the next regularly scheduled Town Board meeting. In the event that the Building Inspector discovers a dangerous tree in the course of his duties, notwithstanding the absence of a written signed complaint, he shall report the same in writing to the Town Board at its next regularly scheduled meeting.
After considering the written report of the Building Inspector, the Town Board, if it concurs that a dangerous tree exists based upon said report, shall so notify the owner of the land upon which the dangerous tree exists. The notice shall be in writing and shall direct the landowner to remove the dangerous tree or portion thereof within 10 days after service of notice upon the landowner. Service of the notice upon the landowner may be made by personal service upon the landowner or his representative or by certified mail, return receipt requested, mailed to the address of the landowner as set forth in the latest completed assessment roll of the town. Service shall be complete and the ten-day period shall commence to run upon the filing of the affidavit of personal service or the filing of the return receipt in the Town Clerk's office.
In the event that the owner of the property on which the dangerous tree is located fails to act within the ten-day period set forth in the notice, then the Town Board shall have the right to proceed to remove or trim the dangerous tree, provided that it first causes an inspection of the dangerous tree to be made by a representative of the New York State College of Forestry or a representative of the New York State Department of Environmental Conservation or an equivalent expert with qualifications in the field of forestry and that the Town Board receives a written report from the inspector confirming the existence of a dangerous tree and recommending such removal or trimming. Following receipt of such a report, a copy thereof shall either be personally served on the landowner or be forwarded to the landowner by certified mail, return receipt requested. The Town Board may cause such dangerous tree to be removed or trimmed not sooner than 10 days after the date of the filing of an affidavit of personal service or the filing of the return receipt in the Town Clerk's office. All costs and expenses in connection with the removal or trimming of the dangerous tree shall be assessed upon the land upon which the dangerous tree was located.