(A) (1) The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the places designated in § 95.01 subject to the permission of all contiguous owners as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of the places.
(2) The Town Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.
(3) This division does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with this chapter.
(B) (1) The town shall have the right to cause the removal of any dead or diseased trees on private property within the town, when the trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the town.
(2) The Town Tree Board will notify in writing the owners of the trees.
(3) Removal shall be done by the owners at their own expense within 60 days after the date of service of notice.
(4) In the event of failure of owners to comply with the provisions, the town shall have the authority to remove the trees and charge the cost of removal on the owners’ property tax notice by certification by the Town Clerk-Treasurer to the County Auditor.
(C) All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Ord. 1995-1A, passed 1-23-1995) Penalty, see § 95.99