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Lewiston Code Chapter 78 CH 78:1 Chapter 78 VEGETATION* Article I. In General Secs. 78-1--78-25. Reserved. Article II. Dutch Elm Disease Sec. 78-26. Right of entry to inspect for. Sec. 78-27. Order to correct dangerous conditions. Sec. 78-28. Service of order. Sec. 78-29. Compliance with order; failure to comply. Sec. 78-30. Appeal from order. Sec. 78-31. Cost of remedying conditions, assessment. Sec. 78-32. Disclaimer of liability; negligence. *Cross references: Environment, ch. 34. State law references: Cutting and removal of trees, 30-A M.R.S.A. 3283, 3291; preservation along public ways and water, 30-A M.R.S.A. § 3281 et seq. ---PAGE BREAK--- VEGETATION Lewiston Code Chapter 78 CH 78:2 ARTICLE I. IN GENERAL Secs. 78-1--78-25. Reserved. ARTICLE II. DUTCH ELM DISEASE* *State law references: Municipal authority to determine the presence of the Dutch elm disease and control such disease on public or private grounds, 30-A M.R.S.A. § 5725. Sec. 78-26. Right of entry to inspect for. The director of public works may enter private grounds to inspect and determine the necessary control measures and sanitation measures to prevent the infection and spread of the Dutch elm disease on elm trees located thereon and to determine the presence of the Dutch elm disease. (Code 1982, § 27-16) Sec. 78-27. Order to correct dangerous conditions. When the director of public works shall find it necessary to order the removal of trees on private property, or of sanitation work to correct a condition not complying to standards of the elm tree program as set forth by the state forestry service, he shall serve a written order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence. (Code 1982, § 27-17) Sec. 78-28. Service of order. The order required by section 78-27 shall be served in one of the following ways: By making personal delivery of the order to the person responsible. By leaving the order with some person of suitable age and discretion upon the premises. By affixing a copy of the order to the door at the entrance of the premises in violation. By mailing a copy of the order to the last known address of the owner of the premises, by registered mail. By publishing a copy of the order in a local newspaper once a week for three successive weeks. (Code 1982, § 27-18) Sec. 78-29. Compliance with order; failure to comply. The order required in this article shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. In cases of extreme danger to other trees, the director of public works shall have the authority to require compliance immediately upon service of the order. When a person to whom an order under this article is directed shall fail to comply within the time specified therein, the director of public works shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is ---PAGE BREAK--- VEGETATION Lewiston Code Chapter 78 CH 78:3 directed. The person remedying a condition under a contract made under this article shall be authorized to enter premises for that purpose. (Code 1982, § 27-19) Sec. 78-30. Appeal from order. A person to whom an order is directed in accordance with this article shall have the right, within 24 hours of the service of such order, to appeal to the city council, who shall review such order at its next regular meeting and file its decision thereon. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within five days after a decision on such appeal shall have been determined. (Code 1982, § 27-20) Sec. 78-31. Cost of remedying conditions, assessment. If the cost of remedying a condition under this article is not paid within 30 days after receipt of a statement therefor from the director of public works, such cost shall be levied against the property upon which such hazard exists, as a special assessment. Such special assessment shall be certified by the director to the city treasurer and shall thereupon become and be a lien upon such property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other taxes against such property. (Code 1982, § 27-21) Sec. 78-32. Disclaimer of liability; negligence. The city shall be liable for no damages under this article except those occasioned by negligence. (Code 1982, § 27-22)