[HISTORY: Adopted by the City Council of
the City of Lackawanna 12-2-1996.[1] Amendments noted where applicable.]
This chapter shall be known and be cited as
the "Unsafe Tree Ordinance" of the City of Lackawanna, New York.
As used in this chapter, unless the context
or subject matter otherwise requires, all trees, tree trunks, its
limbs or branches which has any or all of the following defects shall
be deemed as an "unsafe tree":
A.Â
Those trees whose trunk, limbs or branches is traversed
by any public utility line.
B.Â
Those trees whose trunk, limbs or branches either
through natural causes or damage from fire, wind, lightning or other
cause have become dangerous to life, health, safety and well-being
of any person or property either thereon or adjoining thereto.
C.Â
Those trees which have a trunk, limbs or branches
that are so attached that they may fall or injure members of the public
or property.[1]
[1]
Editor's Note: Former Subsection D, listing trees which have
a trunk, limbs or branches which encroach upon or extend over onto
the lands of an adjoining or abutting land owner as unsafe trees,
which immediately followed, was repealed 7-14-2014.
All trees defined unsafe within the terms of § 210-2 are hereby declared to be public nuisances and shall be repaired, trimmed or removed as provided in this chapter.
The following standards shall be followed in
substance by the Building Inspector and the Director of Development
in ordering repair, trimming or removal of unsafe trees.
A.Â
Repairing. If the tree, its trunk, branches or limbs
can reasonably be repaired or trimmed, it shall be so ordered.
B.Â
Removal. If the tree or any of its parts is in such
a condition as to make it unsafe to the health, safety or general
welfare of the occupants of any said property or of the general public,
it shall be ordered to be removed.
The Building Inspector shall inspect, or cause
to be inspected, any tree about which complaints are filed by any
person or which he or she discovers in the ordinary discharge of his
or her duties.
The Building Inspector shall notify in writing
the owner, occupant, lessee, mortgagee, agent and any person having
an interest in such real property as recorded in the City Treasurer's
office upon which there is any unsafe tree or trees, and the basis
of her or her determination of the unsafe condition of any such tree
or trees according to the provisions of this chapter; said notice
shall be served on said person either by personal service or by regular
mail, that:
A.Â
The owner or occupant must trim, repair or remove
such tree in accordance with the terms of the notice and this chapter
and to trim, repair or remove any tree described in this chapter within
10 days or, within such period, to file a written notice of objection
duly subscribed by said owner or occupant and served on the Director
of Development of the City, either personally or by regular or certified
or registered mail, from the date of the notice from the City.
B.Â
If the owner or occupant fails to comply or object as provided for in Subsection A above, the Director of Development shall cause such tree, its trunk, limbs or branches, trimmed, repaired or removed and cause all costs and expenses of such repair or removal together with a surcharge of 50% thereof, to cover the costs of administration and supervision by the City, to be charged against the land on which the tree existed as a municipal lien or to be levied as a special assessment or tax against the owner of land upon which the tree was so situated.
C.Â
No officer, agent or employee of the City shall render
himself or herself personally liable for any damage that may result
from any act required or permitted in the discharge of his or her
duties under this chapter.
