[Adopted as Ch. VII, Art. 8; amended in its entirety 10-10-1990 by Ord. No. 90-329]
[Amended 7-9-2012 by Ord. No. 12-220]
Every property owner shall maintain the trees on their property in a safe and healthy manner and keep trees properly trimmed and pruned so as to prevent hazards or injury to persons and their property in their use and occupancy of public ways and public property.
[Amended 7-9-2012 by Ord. No. 12-220]
The City Forester shall, from time to time, seek entry to private property in order to inspect the trees and shrubs located thereon. The Forester shall first seek the property owner's permission to conduct such an inspection. If entry is refused, the Forester may seek an administrative inspection warrant as permitted by law. Should a condition of extreme danger be known to exist, the warrant requirements of this section may be dispensed with, but only if there is a reasonable cause to believe that the delay involved in compliance with the warrant requirement would pose a serious imminent danger to persons and their property using or occupying public ways or public property.
[Amended 7-9-2012 by Ord. No. 12-220]
A tree located on privately owned property shall be deemed a nuisance if it, or any part of it, by reason of its condition and in the professional judgment of the Forester:
A. 
Is likely to fall onto adjacent public ways or public property; or
B. 
Is not pruned to a height of 14 feet above the traveled portions of the public ways and eight feet above public sidewalks.
[Amended 7-9-2012 by Ord. No. 12-220]
Upon the finding that any tree, or part thereof, constitutes a nuisance as defined in § 284-3 hereof, the City Forester shall notify the property owner of said nuisance. The Forester shall cause said notice to be served as provided for process under Rule 4 of the Maine Rules of Civil Procedure. The notice shall identify the property in question, contain a brief description of the nuisance and the remedial action to be taken and shall state the deadline for compliance. The deadline for compliance shall depend upon the degree of danger created by the nuisance but shall in no case be longer than 60 days. In case of serious imminent danger to persons and their property using or occupying public ways or public property, the City Forester shall have authority to require immediate compliance by the property owner. If, upon expiration of said deadline, the nuisance has not been abated, the Forester may, in addition to other remedies provided by law, cause removal of said tree or portions thereof. The costs of this service by the Forester, including labor, equipment and materials, shall be charged to the property owner.
Any person aggrieved by a decision or notice of the City Forester under this article may appeal said decision or notice to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
Any person violating any provisions of this article by failing, neglecting or refusing to comply with any notice herein provided for, in addition to the costs of removal, shall be subject to a civil penalty of not less than $100 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.