(a) Emergencies. The City shall use a risk assessment adopted by Council to determine the condition of dead, dying, or damaged trees on private property that pose a threat to public health and safety or obstruct any public way.
(b) Disease, Insects, Hazard, or Nuisance. Whenever the State Department of Agriculture has implemented a quarantine program or spray program affecting the geographical area of Charles Town, the City shall have authority to enter upon private lands in the City to assist in such program including the mandatory spraying or treatment of trees.
(c) Clarification of Property Owner.
(1) Prior to exercising authority conferred by this section, the City shall exercise due diligence to give the owner of the affected real estate notice and an opportunity to correct the condition.
(2) When a situation occurs that threatens the health and welfare of the community or impedes the use of or threaten public property, the exercise of due diligence to give any property owner notice may be abdicated by order of the Council and such order may further authorize action by the City in the absence of a State ordered quarantine program.
(Ord. 2020-011. Passed 12-7-20.)