[Adopted 3-21-2003 by Ord. No. 371 (Ch.
223, Art. II, of the 1992 Code)]
A.
Whenever it is determined, based upon the written
opinion of an arborist, that a tree is dead, dangerous, or chronically
diseased and the disease is threatening to kill such tree and/or spread
to other trees in the vicinity, the Town Code Enforcement Constable
shall provide written notification to the owner and/or occupant of
the lot upon which such tree is located to take appropriate action
to correct the situation or remove the tree within 30 days of delivery
of such notice.
B.
Any such notice may be appealed to the Board of Adjustment.
If no appeal is filed within 15 days of receipt of the notice, and
no corrective action has been taken within 30 days of delivery of
such notice, the Town may take such corrective action(s) as reasonable
and necessary, in the opinion of the arborist, to correct the situation,
including but not limited to removal of the tree.
C.
All costs of such corrective action, including the
cost of the arborist subsequent to the expiration of the thirty-day
appeal period, shall be assessed to the owner of record of the lot
as provided under § 8.2.4 of the Town Charter, and may be
collected from the owner in a civil action for debt and entered as
a lien for the amount so expended in a lien book maintained by the
appropriate court of the State of Delaware as provided under § 11.2
of the Town Charter.
Whenever a tree, or portions thereof, pose an
immediate threat to public safety and/or to public or private property
by being in danger of falling (as, for example, being damaged by flood,
wind, or accident), the Town Code Enforcement Constable may take immediate
action to remedy the threat, up to and including removal of tree.
The Code Enforcement Constable shall notify the owner of record and/or
occupancy of the lot as soon as reasonably convenient of such action.
All costs of such corrective action, shall be assessed to the owner
of record of the lot as provided under § 8.2.4 of the Town
Charter, and recovered in an action for debt and entered as a lien
for the amount so expended in a lien book maintained by the appropriate
court of the State of Delaware as provided under § 11.2
of the Town Charter.
[Amended 2-17-2006 by Ord. No. 407]
Any person failing to remedy a situation within 30 days after receiving a notice pursuant to § 507-3, or within 30 days of an adverse decision by the Board of Adjustment, shall, upon conviction, pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties. Each day a violation continues to exist shall be a separate and distinct violation.
