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Dead trees on property, single family residence.

No Soup for you

Registered User
Joined
Feb 13, 2020
Messages
72
Location
New York
I have an issue with an owner occupied single family residence that has numerous (4) standing dead pine trees, about 50' tall.

One of the neighbors complained a year ago, I usually tell people that this is a neighbor to neighbor dispute and the building dept is not going to get in the middle of it. I tell the complaining party that i will go to talk to the homeowner with the dead tree but other than that we are not going to write anyone up. After I speak to the dead tree homeowner , that usually gets some compliance.

Well, one of the dead trees fell on the power lines and knocked out power to the whole neighborhood and now I am being tasked with getting this uncooperative homeowner to cut the trees down. He says, doesn't have the money, maybe next year, and says the woodpeckers need a place to live. HAHA (that was a good one, I do have a sense of humor)

Am I missing a code section somewhere that I can possibly use?

I have had issues with vacant properties in the past and have used the property maintenance code 301.3 Vacant premises, structures and land shall be maintained in a clean, safe, secure and sanitary condition to deal with dead trees which may be reaching a bit.


Any help or discussion appreciated.

Thanks
 

Pcinspector1

Platinum Member
Joined
Oct 28, 2009
Messages
3,766
Location
MID WEST
We have something in our Muni-code under nuisance, that permits me to send a letter allowing 60-days to remove a dead tree. I have used 301.3 to have some dead trees removed in the past, so maybe not reaching at all, its worth a shot. Check your muni codes or contact your city attorney for other means to deal with the property owner.

Does homeowners insurance take care of the damage?
 

tmurray

Registered User
Joined
Jun 10, 2011
Messages
2,151
Location
NB, Canada
I would ask the powers that be to provide me with the legislated authority to get compliance. That allows everything to be above board and in the open.
Does homeowners insurance take care of the damage?
Not usually if the tree is dead. Dead trees are an identifiable hazard that can be mitigated.
 

No Soup for you

Registered User
Joined
Feb 13, 2020
Messages
72
Location
New York
Yea , there is nothing in our town code other than you need a permit to take down trees etc... Nothing on hazardous dead trees.

N.Y. uses the 2020 Property Maintenance Code
 

mtlogcabin

Sawhorse
Joined
Oct 17, 2009
Messages
8,182
Location
Big Sky Country

JCraver

Sawhorse
Joined
Feb 20, 2014
Messages
831
Location
Southern IL
You can use the IPMC 301.3 and/or 302.1, but both are a stretch. If they're big enough they'll fall over the property line when they go I might try it, otherwise I'd probably leave it alone. When they fall, cite him for the weeds that grow up around them.

We have an "imminent danger" section in our tree code for dead/dangerous trees - that works way better.
 
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