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Request for Laws on Removal of Dangerous or Hazardous Trees

Edward Maggio

Thu, Mar 6, 2025 12:14 PM

Edward

[cid:267c9048-0b33-42ca-9935-5317871efe27]

Edward Maggio (He/His)
Associate Counsel and Magazine Editor
International Municipal Lawyers Association

P: (202) 466-5424 x7117

D: (202) 742 1915

51 Monroe St. Suite 404 Rockville, MD, 20850

Plan Ahead! See IMLA’s upcoming eventshttps://imla.org/events/, calls and programming.

Dear IMLA Members, We have received a request from an IMLA member regarding municipal regulations on the removal of dangerous or hazardous trees or vegetation. Specifically, they are looking for examples of ordinances or policies that address when and how a city can require property owners to remove trees or vegetation that pose a risk to public safety or infrastructure. They would also appreciate any insights on enforcement mechanisms and legal considerations for such regulations. If your jurisdiction has relevant laws, policies, or case law on this matter, could you kindly share any applicable codes or guidance? We will compile the responses and forward them to the requesting member. Thank you in advance for your help and support. Best Regards, * Edward [cid:267c9048-0b33-42ca-9935-5317871efe27] Edward Maggio (He/His) Associate Counsel and Magazine Editor International Municipal Lawyers Association P: (202) 466-5424 x7117 D: (202) 742 1915 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA’s upcoming events<https://imla.org/events/>, calls and programming.

Carven, Sean

Thu, Mar 6, 2025 2:16 PM

Attached please find 2 sections that relate or maybe of use.

Please note the vegetation code sections makes the expenditure of county funds a lien on the property collectable in the same manner as real property taxes which in Maryland is a first lien the real property.

The second section property maintenance does not make it lien on the property, so collection of the expended revenue is more challenging.

Any time I have a chance to amend the code for any type of expenditure of county funds I always to try have the expenditure be collectable in the most efficient manner which I believe is the ability to sell it a tax sale.

So in Maryland if statute states that funds expended become a lien on the real property and have the same priority as property taxes and collectable in the same manner as property taxes- or language to that effect this I believe is the most efficient manner for collection on the back end.

Everyone probably knows that tax sale procedures vary across the county. (Tyler V. Hennepin County 143 S.Ct. 1369)

From: Edward Maggio via Counties counties@lists.imla.org
Sent: Thursday, March 6, 2025 7:14 AM
To: cityattorneys@lists.imla.org; counties@lists.imla.org
Subject: [Counties] Request for Laws on Removal of Dangerous or Hazardous Trees

[EXTERNAL SENDER]
Dear IMLA Members,
We have received a request from an IMLA member regarding municipal regulations on the removal of dangerous or hazardous trees or vegetation.
Specifically, they are looking for examples of ordinances or policies that address when and how a city can require property owners to remove trees or vegetation that pose a risk to public safety or infrastructure. They would also appreciate any insights on enforcement mechanisms and legal considerations for such regulations.
If your jurisdiction has relevant laws, policies, or case law on this matter, could you kindly share any applicable codes or guidance? We will compile the responses and forward them to the requesting member.
Thank you in advance for your help and support.
Best Regards,

Edward

[cid:image001.png@01DB8E77.76CED340]

Edward Maggio (He/His)
Associate Counsel and Magazine Editor
International Municipal Lawyers Association

P: (202) 466-5424 x7117

D: (202) 742 1915

51 Monroe St. Suite 404 Rockville, MD, 20850

Plan Ahead! See IMLA's upcoming eventshttps://imla.org/events/, calls and programming.

NOTICE: THIS E-MAIL MESSAGE AND ANY ATTACHMENTS THERETO ("e-mail") contains information that may be legally privileged, and/or confidential under law, and which is intended solely for the personal and/or official, confidential use of the intended recipient(s) (and their authorized agents) designated hereinabove. IF YOU ARE NOT AN INTENDED RECIPIENT OF THIS E-MAIL OR AN AUTHORIZED AGENT OF AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED that your review, storage, retention, copying, distribution, or dissemination of the contents of this e-mail in any form - - and/or your taking any action in reliance thereon - - is strictly prohibited and may subject you to such criminal penalties and/or civil liability as may be provided by law. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY (i) return to the sender the e-mail message and any attachments that you have received by reply e-mail, and then (ii) delete the original e-mail and your reply from your personal computer system e-mailbox/network. Thank you for your cooperation.

If you have received this communication in error, please immediately notify Harford County Department of Law at telephone at 410-638-3205.

Attached please find 2 sections that relate or maybe of use. Please note the vegetation code sections makes the expenditure of county funds a lien on the property collectable in the same manner as real property taxes which in Maryland is a first lien the real property. The second section property maintenance does not make it lien on the property, so collection of the expended revenue is more challenging. Any time I have a chance to amend the code for any type of expenditure of county funds I always to try have the expenditure be collectable in the most efficient manner which I believe is the ability to sell it a tax sale. So in Maryland if statute states that funds expended become a lien on the real property and have the same priority as property taxes and collectable in the same manner as property taxes- or language to that effect this I believe is the most efficient manner for collection on the back end. Everyone probably knows that tax sale procedures vary across the county. (Tyler V. Hennepin County 143 S.Ct. 1369) From: Edward Maggio via Counties <counties@lists.imla.org> Sent: Thursday, March 6, 2025 7:14 AM To: cityattorneys@lists.imla.org; counties@lists.imla.org Subject: [Counties] Request for Laws on Removal of Dangerous or Hazardous Trees [EXTERNAL SENDER] Dear IMLA Members, We have received a request from an IMLA member regarding municipal regulations on the removal of dangerous or hazardous trees or vegetation. Specifically, they are looking for examples of ordinances or policies that address when and how a city can require property owners to remove trees or vegetation that pose a risk to public safety or infrastructure. They would also appreciate any insights on enforcement mechanisms and legal considerations for such regulations. If your jurisdiction has relevant laws, policies, or case law on this matter, could you kindly share any applicable codes or guidance? We will compile the responses and forward them to the requesting member. Thank you in advance for your help and support. Best Regards, * Edward [cid:image001.png@01DB8E77.76CED340] Edward Maggio (He/His) Associate Counsel and Magazine Editor International Municipal Lawyers Association P: (202) 466-5424 x7117 D: (202) 742 1915 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA's upcoming events<https://imla.org/events/>, calls and programming. NOTICE: THIS E-MAIL MESSAGE AND ANY ATTACHMENTS THERETO ("e-mail") contains information that may be legally privileged, and/or confidential under law, and which is intended solely for the personal and/or official, confidential use of the intended recipient(s) (and their authorized agents) designated hereinabove. IF YOU ARE NOT AN INTENDED RECIPIENT OF THIS E-MAIL OR AN AUTHORIZED AGENT OF AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED that your review, storage, retention, copying, distribution, or dissemination of the contents of this e-mail in any form - - and/or your taking any action in reliance thereon - - is strictly prohibited and may subject you to such criminal penalties and/or civil liability as may be provided by law. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY (i) return to the sender the e-mail message and any attachments that you have received by reply e-mail, and then (ii) delete the original e-mail and your reply from your personal computer system e-mailbox/network. Thank you for your cooperation. If you have received this communication in error, please immediately notify Harford County Department of Law at telephone at 410-638-3205.