(A) (1) The town shall have the right to plant, spray, prune, maintain and remove trees and shrubs within the easements and rights-of-way of all streets, alleys and public grounds, as deemed necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds, if not properly done by the property owner.
(2) Since property owners are allowed to use the right-of-way beyond the streets and sidewalks adjacent to their property any tree removal or maintenance that is necessary shall be performed by the property owner.
(3) In circumstances necessary maintenance or removal is not done by the property owner or occupant, the maintenance or removal can be performed by the town or its contractors and the cost of said activity shall be assessed to the property owner or occupant.
(1) In case such assessment is not paid within a reasonable time, it may be certified by the Town Clerk to the County Treasurer who shall collect the assessment, together with a 10% penalty for cost of collection, in the same manner as other taxes are collected. The laws of the state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments.
(2) Street trees along Main Street, from D Avenue to F Avenue, and along E Avenue, from Main Street to Civic Center Drive, shall be maintained by the town as part of the downtown development streetscape project and as is in the best interest of the town.
(B) The Town Arborist may remove or cause to be removed, any park tree or street tree or part thereof which is in unsafe condition, or which by reason of its nature is injurious to sewers, utility lines or other public improvements, or is infected with any dangerous fungus, insect or disease. The Town Arborist may also remove or cause to be removed any tree or part thereof, which is protruding over any street, alley or roadway allowing less than a minimum of 14 feet clearance above the grade of the roadway.
(Prior Code, § 524.7) (Ord. 357, passed 12-12-1991; Ord. 398, passed 6-6-1996; Ord. 411, passed 1-2-1997; Ord. 584, passed 10-1-2015)