(A)   The town may remove or cause to be removed any tree or part thereof within the street right-of-way or on town property if such tree or part is in an unsafe condition, or is injurious to any utilities or other public improvements, or is infected with any injurious fungus, insect or other pest.
   (B)   The town shall have the right to cause the removal of any dead or diseased trees on private property within the town when such trees constitute a hazard to public safety along town rights-of-way or to town property. Hazards shall be determined by the Chief of Police in consultation with the Town Manager. Once a hazard has been determined, the Town Manager will notify the owners of such trees in writing and the removal shall be done by such owners within 60 days after the date of receipt of notice (if the hazard creates an emergent public safety situation, such hazard shall be mitigated immediately). In the event of failure of owners to comply with such provisions, the town shall have the authority to remove such trees and if the expense is not paid, a lien will be placed upon the land or premises where the nuisance occurred.
   (C)   The town will not permit topping of any trees on a road right-of-way or on town property to prevent blocking a view or to open up a view for a residence. The town will consider letting the trees be cut down and replaced with other low-growing vegetation acceptable to the town; provided, the stability of the soil will not be adversely affected by removing the root structures of trees on a steep bank. Each case shall be considered on an individual basis by the Town Manager. The Town Manager may request consultation from experts regarding the effect of tree removal on road stability and the type of vegetation that should be planted. The expense of removing the trees, replacing with low growing vegetation and any consultation required shall be borne by the property owner or owners who will benefit from the removal. Full agreement in writing between the property owner and the Town Manager as to what is to be done shall be reached before written permission is granted.
(Ord. passed 10-20-2009)