(A) The following are hereby declared public nuisances under this chapter:
(1) Any invasive, dead or dying tree, shrub, or other plant located on town property so designated by the Town Tree Board;
(2) Any otherwise healthy tree, shrub, or other plant located on town property which harbors insects or diseases which reasonably may be expected to injure or harm any other tree, shrub, or other plant as designated by the Town Tree Board; and
(3) Any tree, shrub, or other plant located on town property which by reason of location or condition constitutes an imminent danger to health, safety, or welfare of the general public as designated by the Town Tree Board. The Town of Long Beach and the Town Tree Board will not be held liable in the event they are not notified or otherwise unaware of an existing threat.
(B) The Town Tree Board or its representatives shall have the right to inspect as follows:
(1) Any public nuisance under this chapter which is located on or over town property shall be pruned, removed, or otherwise treated in whatever fashion is reasonably required to cause the abatement of the nuisance within a reasonable time after its discovery by the town or its agents, officers, or employees, all at the direction of the Town Tree Board.
(2) The town is empowered to request and/or cause the immediate abatement of any public nuisance on the public right-of-way provided that the nuisance is determined by the Town Tree Board to be an immediate threat to any person or property. The town may utilize its officers, agents, and employees to effectuate an immediate abatement of any imminent threat to person or property.
(3) Public nuisances on town property, as defined in division (A) above, may be referred to the Indiana Department of Natural Resources by the Town Tree Board to provide proper evaluation, treatment and handling as defined by the Indiana State Code, and to protect the trees in surrounding areas from the spread of insects, fungus or disease.
(Ord. 2021-09, passed 6-14-21; Am. Ord. 2023-04, passed 10-9-23)