Title
Conduct a Quasi-Judicial Hearing to Determine Whether a Tree on Private Property Poses a Danger to Public Health or Safety
PURPOSE: Conduct a quasi-judicial public hearing to assess the removal of a tree on private property that has been declared a public nuisance due to its potential danger to public health and safety.
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Department
DEPARTMENT: Public Works
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Contact
CONTACT INFORMATION: Kevin Belanger, PE, Public Works Director, 919-918-7427, kbelanger@carrboronc.gov
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Council Direction
COUNCIL DIRECTION:
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Council Direction Statement
Town Code Chapter 11, Article V, Sections 11-38 through 11-41 outline the procedures for addressing and remedying conditions that threaten public health, ensuring due process while enabling prompt action when necessary.
• Section 11-38 authorizes the town to address and eliminate conditions on public or private property that are dangerous or harmful to public health.
• Section 11-39 requires the property owner or responsible party to be notified of the issue.
• Section 11-40 grants the property owner the right to a hearing to contest the Town’s determination.
• Section 11-41 details the process for issuing an official order to correct or remove the hazardous condition following a hearing.
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Information
INFORMATION: In November 2023, the North Carolina Department of Transportation (NCDOT) notified Town staff of a potentially hazardous tree at 710 W. Rosemary Street, which was shedding limbs and posing a public health risk. In February 2024, the Town requested a follow-up and informed NCDOT that it had no objections to the tree's removal due to safety concerns.
In March 2024, inspections by both NCDOT and the Public Works Department confirmed the tree was located outside the right-of-way (ROW) and its removal was the responsibility of the property owner. Utility lines were found running through the tree's branches, and both agencies suggested the owner contact Duke Energy Corp. for assistance.
On May 30, 2024, the property owner, Julie Rorrer, acknowledged the falling limbs, informed the Town that no utility company would address the tree, and stated that it was not her “responsibility…it’s on Carrboro". See Attachment A - Julie Rorrer Signed Letter and Attachments.
On June 10, 2024 Public Works Director Kevin Belanger went to the site and met with Julie Rorrer to evaluate the tree and confirm, based on her deed, the ROW Line.
On Jun 11, 2024 Mr. Belanger emailed Julie Rorrer confirming, based on available information, the tree was indeed outside the ROW and was her responsibility.
One July 2, 2024 Sungate Design whom Public Works had hired to survey the ROW line provided an email with survey data for the ROW line. That information was email to Julie Rorrer on the same day.
On July 2, 2024, Town staff issued a letter deeming the tree a public nuisance and ordered its removal or appeal of the decision.
On July 9, 2024, Julie Rorrer signed for the letter, but no action was taken to remove the tree or appeal the decision as called out in the July 2nd letter.
In June and July 2024, the Public Works Department received additional complaints regarding falling limbs from the tree, posing further safety hazards. Public Works has determined the tree is dead, presents a danger to public health, and is recommending its removal. See Attachment B - Photographs.
Written notice of this hearing was sent to Julie Rorrer by certified mail dated August 13, 2024, and required by Town Code Section 11-39. See Attachment C - Julie Rorrer Notice of Hearing and Attachments. The Town received a sign receipt dated August 17, 2024 acknowledging delivery of the notice.
The estimated cost to remove the tree is $7,200, plus traffic control expenses (see Attachment D - Tree Removal Price Quote).
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Fiscal and Staff Impact
FISCAL IMPACT: The fiscal impact of conducting the public hearing is minimal.
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Recommendation
RECOMMENDATION: The Town Manager recommends Town Council find the tree to be a danger to the public safety, based on evidence presented, and requests the adoption of an order (Attachment E) authorizing Town staff to take corrective action.
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