(A) It shall be unlawful for any person to plant or maintain upon his or her property or upon any street adjoining thereto any tree commonly known as the North Carolina poplar or any other shade tree which, by its nature, will tend to plug up or damage sewers, sidewalks, streets or other property.
(B) If any such tree be planted after the effective date of this code, it shall be the duty of the Superintendent of Streets to immediately cut down and destroy it, provided, that if the Superintendent of Streets does not have personal knowledge that such tree has been planted since that time, a notice and proceeding, shall be had before the Council; and, if it be ascertained by the Council that such tree was planted since the effective date of this code then such tree shall be declared a nuisance and the owner required to abate the nuisance.
(1991 Code, § 18-10) Penalty, see § 93.999
Statutory reference:
Authority of Council to provide for the protection of shade and ornamental trees, whether on public or private property, and for the removal of limbs of trees when in a dangerous condition, see W.Va. Code § 8-12-5(29)