(A) Upon learning that a person is in violation of any section of this chapter, the Town Council or its representative shall serve written notice upon that person and demand that person take remedial action to comply with this chapter within 30 days. Any person fairing to comply with the written notice shall pay a fine as determined hereby. If a person fails to comply with a written notice issued pursuant to this section, the Town Council or its representative shall be authorized to enter onto the person’s property and to take any reasonable remedial action to correct the hazard or nuisance created by the person’s tree. If the Town Council is compelled to take remedial action, the person in violation of this chapter shall be required to reimburse the town for the cost of the remedial action as determined hereby.
(B) The Town Council may take immediate remedial action, without prior notice, if the Council determines the condition of the private tree in question creates an emergency situation or poses an immediate threat to health, safety, or welfare of any person or property. In such situations, the owner of the private tree in question shall be responsible for reimbursing the town for the cost of the remedial action, but shall not be fined unless it is apparent that the person intentionally, recklessly, or negligently caused the emergency situation or had actual knowledge of the situation and failed to report it to the town.
(Prior Code, § 93.06) Penalty, see § 10.99