[HISTORY: Adopted by the Town Board of the Town of Cornwall as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 72.
[Adopted 5-9-1969]
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:
A.
In general, trees will be permitted to grow naturally
except where branches are growing closer than three feet to wires.
B.
Overhead clearance of up to five feet will be permitted
where tree limbs under three inches in diameter cross over wires.
C.
Dead and dying limbs located above the wires should be
cut to reduce hazard.
D.
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.
E.
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.
F.
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.
G.
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:
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.
A.
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.
B.
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.
