[Amended 4-26-2006 by Ord. No. 2006-02]
It is hereby declared to be unlawful for any person owning any
real estate within the Town of Walkersville to permit any tree on
or near the sidewalk in front of his/her premises to hang over or
to branch in such a manner as to obstruct the sidewalks or the light
from the Town's streetlights. All such trees shall be kept trimmed
by the owners of said premises so that the limbs thereof shall not
be less than seven feet in height of clear space above the sidewalks
and 13 feet six inches above any street surface.
Whenever any such tree or the branches thereof shall, in the
opinion of the Burgess and Commissioners of Walkersville, become dangerous
or damaging to the traveling public or to the property in the neighborhood,
the same shall be removed by the owner of the premises as hereinafter
directed. In all cases where any such tree or the branches thereof
are required to be removed by the owner of the premises, and whenever
such tree is required to be trimmed as herein provided, the Burgess
of Walkersville shall notify the owner to remove such tree or the
branches thereof or to trim such tree or the branches thereof, as
the case may be, and such owner shall remove said tree or the branches
thereof or trim such tree as directed in the notice within 15 days
from the receipt of said notice; provided, however, that if any such
tree is in such dangerous condition that it is likely to fall at any
time, the same shall be removed forthwith upon receipt of the notice
from the Burgess of Walkersville, who is hereby authorized to give
such notice.
In the event that the owner, occupant or other person in control
of the property should fail or refuse to remove such tree or the branches
thereof or to trim such tree, as the case may be, after proper notification
from the Burgess of Walkersville and within the time limit in said
notification, such tree or the branches thereof shall be removed or
such tree shall be trimmed by the employees or agents of the Burgess
and Commissioners of Walkersville. The Town Clerk shall submit a bill
for all costs of such removal or trimming unto the aforesaid owner
for payment, and such bill shall be due and payable within 30 days
from its date. In the event such bill is not paid within 30 days from
its date, the Burgess is hereby empowered to proceed with its collection
by instituting suit on behalf of the Burgess and Commissioners of
Walkersville. Furthermore, any such owner, upon conviction, shall
be guilty of a misdemeanor and shall be punished as provided in the
Charter of the Town of Walkersville. Every such person may be guilty of a separate offense
for each and every day such violation shall continue.
No trees shall be planted near the curb of any of the streets
of Walkersville except with the specific permission of the Burgess
and Commissioners.