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Old 11-11-2009, 06:35 PM
 
7,126 posts, read 11,705,167 times
Reputation: 2599

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Quote:
Originally Posted by Native_Son View Post
If it looks like you'll have to remove them for some reason I'd ask the city to have it done and replant new trees outside the easement/line of sight.

You never know...
Yes, but, when I asked the tooth fairy to leave some money for me when I lost my first molars . . .nada. Last year I asked Santa for a Rolls. Again. . Nada.Where do I draw the line and begin to trust people?
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Old 11-11-2009, 06:42 PM
 
Location: North Carolina
6,777 posts, read 13,552,263 times
Reputation: 6585
Quote:
Originally Posted by pink caddy View Post
Yes, but, when I asked the tooth fairy to leave some money for me when I lost my first molars . . .nada. Last year I asked Santa for a Rolls. Again. . Nada.Where do I draw the line and begin to trust people?
Cypress trees are nice, I'll take a few off your hands
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Old 11-11-2009, 07:17 PM
 
Location: The 12th State
22,974 posts, read 65,518,175 times
Reputation: 15081
Quote:
Originally Posted by sophialee View Post
Cypress trees are nice, I'll take a few off your hands
If you get them can I come over and hang christmas lights?
and roll with TP at Halloween? http://i247.photobucket.com/albums/gg143/Kitty_Shadow/Smileybiggrinrockinghead.gif (broken link)
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Old 11-11-2009, 08:11 PM
 
Location: Charlotte, NC
7,041 posts, read 15,038,729 times
Reputation: 2335
Quote:
Originally Posted by pink caddy View Post
My, my, CC did that long drive home take all your spirit of "Hey, this is my home and we rule by laws"? BTW this home is not in a HOA and all the trees are on my property. I will resolve the problem but not by pulling up 25 trees. Ever hear of a one-sided Cypress?lol
nah, just have fought the fight with code enforcement...and lost. However, I would just trim the trees, not destroy them.
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Old 11-11-2009, 11:30 PM
 
2,603 posts, read 5,021,268 times
Reputation: 1959
Yeah. Just trim the trees, that's all they're asking. The city should be able to do it on their own if the portion of the trees is blocking the stop sign or causing a public safety hazard.
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Old 11-12-2009, 04:34 AM
 
4,010 posts, read 10,212,299 times
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Quote:
Originally Posted by chicagocubs View Post
nah, just have fought the fight with code enforcement...and lost. However,....
If you violate a code, then sure you will probably lose. But there is no code that I am aware of that covers cutting a tree on a private piece of property so the "enforcement" people have nothing they can enforce.

Without this and without any NC law on the books to cover it, they would be in direct violation of the 5th Amendment of the US Constitution. (and I am thinking a case could be made for the 4th as well) My guess is any number of lawyers and legal causes would like to take on Charlotte in a case like this.
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Old 11-12-2009, 06:36 AM
 
Location: Inactive Account
1,508 posts, read 2,979,219 times
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Quote:
My guess is any number of lawyers and legal causes would like to take on Charlotte in a case like this.
My guess is there would be no lawyers or legal scholars interested in it. Long odds, and little money.

Cities *do* have pretty broad ability to require property owners to mitigate hazards. There is a reason the phrase "Don't fight city hall" exists.
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Old 11-12-2009, 07:56 AM
 
4,010 posts, read 10,212,299 times
Reputation: 1600
Quote:
Originally Posted by Sean_CLT View Post
.....
Cities *do* have pretty broad ability to require property owners to mitigate hazards. There is a reason the phrase "Don't fight city hall" exists.
So you are basing your conclusion on a euphemism or do you know the relevant laws that back this up? Cities in NC are constitutionally bound to only have the authority granted to them by the NC Legislature via statute. If there is no statute that covers it, then there is no authority by the locals to take unilateral action on something they don't like.

So far, nobody in this topic who says Charlotte can walk onto your private property and order you to cut down your trees, can produce the relevant code in the NC statutes that would allow them to do this. If you can pony up something like this I would be interested in seeing it. The only reason I am making the point of it to understand how they might legally do this.
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Old 11-12-2009, 08:34 AM
 
2,603 posts, read 5,021,268 times
Reputation: 1959
No one said the city had the right to cut the trees down, not even the city.. But I imagine some state statute provides for the removal of hazards like this if they infringe on the safety of others. The city worker said: "we can only require severe trimming." Just trim the damn trees so people can see and stop trying to make this some anti-city crusade.
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Old 11-12-2009, 09:37 AM
 
Location: Concord, NC
1,241 posts, read 2,322,069 times
Reputation: 844
I would suggest talking to a lawyer first if you want to fight this. If not, then just trim the trees.
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