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Prospect board discusses hazardous trees on private lots, code enforcement options
Summary
Board members reviewed a leaning Norway spruce on property adjoining Innisbrook, discussed limits of city authority for private-tree removal, and explored code-enforcement tools including linking building permits to hazardous-tree remediation.
Prospect Forestation Board members on Aug. 14 discussed resident complaints about hazardous trees on privately owned lots adjoining Innisbrook and considered options for city action under existing code-enforcement practice.
Don Greider (resident) and other board members raised a recent complaint about a mature Norway spruce that is leaning toward a homeowner's backyard and may have sustained root damage during development. The homeowner requested city assistance, and board members reviewed prior incidents involving trees falling across property lines.
Board members summarized legal and policy constraints. The mayor said the city's ability to order tree removal typically applies where a tree presents a danger to the general public (sidewalks or public streets) and not to isolated private-property risks; the board cited the Kentucky League of Cities's interpretation to that effect. Andrea said she had discussed the situation with staff and recommended communicating those limits to the homeowner.
The board discussed administrative options for ensuring remediation when private trees create hazards that affect neighbors. Members referenced a prior local practice described by a previous official, John Carter, who had suggested withholding building permits for a lot until hazardous-tree costs were addressed. The board asked staff to consult with the city attorney and relevant planning/enforcement staff (Chris and code enforcement) to determine whether the current forestration ordinance or code-enforcement processes allow a permit-hold mechanism or other enforcement tool in this situation.
Board members also discussed improving code-enforcement reports, including adding arborist certifications and photographs to notices to property owners, and revising the notice letter so it can be signed by the mayor to provide clearer municipal authority. Andrea and Lee reported a "very productive" meeting with code enforcement to refine the process and documentation used when the city identifies hazardous trees.
No formal city order or removal was issued during the meeting; the board concluded by asking staff to draft communications to the homeowner describing legal limits and next steps, to check the new forestration ordinance for enforcement options, and to return with recommendations at a future meeting.
