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A. Owner To Remove Hazards: The owner of every lot or parcel of land in the town upon which any tree, trees, shrubs, or plants are growing, or upon which any obstruction has been placed, shall remove them if the tree, trees, shrubs, or plants, or other obstruction, or parts thereof, are situated so as to constitute a traffic hazard by obstructing the view of any driver of any vehicle on the streets of the town to the extent that the driver is unable to observe the approach of other vehicles on streets and alleys and at intersections. (1995 Code title 14 § 3.1)
B. Complaint; Notice Of Hearing:
1. When, in the belief of the town chief of police, a traffic hazard, as described in subsection A of this section exists, the chief may file a complaint with the board of trustees. The complaint shall specify that it is the belief of the chief that a traffic hazard exists. The complaint shall contain a complete description of the alleged traffic hazard and state what trees, shrubs, or other obstruction, in the judgment of the chief, should be removed by the property owner involved.
2. Upon the filing of the complaint with the board of trustees, the board shall set a date for the hearing of the complaint before the board of trustees, and the board of trustees shall give notice in writing of the hearing to the property owner or agent complained against. The notice shall specify in what manner a traffic hazard is alleged to exist, and shall be served upon such property owner or agent at least ten (10) days prior to the hearing. (1995 Code title 14 § 3.2)
C. Hearing; Order To Be Issued: Upon a hearing of the complaint filed by the chief, the board of trustees shall hear, in a summary manner, all matters incident to the complaint from all interested parties and, at the conclusion of the hearing, make such order as may be just and proper in accordance with the provisions of this section. If it is the judgment of the board that a traffic hazard, as defined in subsection A of this section, does in fact exist, then the board of trustees shall make an order directing the removal by the property owner or agent of such trees, shrubs, or other obstructions which constitute the traffic hazard. (1995 Code title 14 § 3.3)
D. Failure To Comply; Penalty: If, within ten (10) days after a final order is entered by the board of trustees, any owner of any such lot or parcel of land as defined in subsection A of this section has failed, refused, or neglected to remove any tree, trees, shrub, or plants, or any other obstruction, or parts thereof, which have been adjudged to constitute a traffic hazard, within the period, then such person or persons shall be guilty of an offense. Each day that the owner fails, refuses, or neglects to so remove any tree, trees, shrubs, or plants, or any other obstruction, or parts thereof, shall be a separate and distinct offense. (1995 Code title 14 § 3.4)