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 sugg...
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