§ 42-4-114 — Removal of traffic hazards

(1) The department of transportation
and local authorities, within their respective jurisdictions, may by written notice
sent by certified mail require the owner of real property abutting on the right-of-way of any highway, sidewalk, or other public way to trim or remove, at the expense
of said property owner, any tree limb or any shrub, vine, hedge, or other plant which
projects beyond the property line of such owner onto or over the public right-of-way and thereby obstructs the view of traffic, obscures any traffic control device, or
otherwise constitutes a hazard to drivers or pedestrians.

(2) It is the duty of the property owner to remove any dead, overhanging
boughs of trees located on the premises of such property owner that endanger life
or property on the public right-of-way.

(3) In the event that any property owner fails or neglects to trim or remove
any such tree limb or any such shrub, vine, hedge, or other plant within ten days
after receipt of written notice from said department or concerned local authority to
do so, said department or local authority may do or cause to be done the necessary
work incident thereto, and said property owner shall reimburse the state or local
authority for the cost of the work performed.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2238, � 1, effective January 1, 1995.