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Old 11-10-2009, 06:30 PM
 
7,126 posts, read 11,702,805 times
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I have a corner house that has very tall cypress trees surrounding the entire parcel. I rec'd a notices from Charlotte Dept of Transportation that I must "remove" the obstruction since it is a hazard for travel on the cross streets.

I contacted the Dept. today and they verified what I thought might be their problem. They went so far as to say that they cannot (legally) remove the trees but are requesting/demanding the trees be cut back substantially, or else.

This is a first for me. Anybody ever face this??
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Old 11-10-2009, 06:38 PM
 
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Hmm. The "or else" part is funny. I would ask them to put that part in writing and send it to you.
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Old 11-10-2009, 06:43 PM
 
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Quote:
Originally Posted by lumbollo View Post
Hmm. The "or else" part is funny. I would ask them to put that part in writing and send it to you.

Well the "or else" is my interpetation hence the reason for this post. lol. They admit they can't "legally take the trees down" so I'm wordering what else they can force me to do.
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Old 11-10-2009, 06:45 PM
 
Location: The 12th State
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ok, lumbollo you got me thinking what or else is...hmmm If they say they cant legally do anything but they may issuea ticket though. Im picturing one of those long slender pine like trees.
More than likely a whiny neighbor brought up this issue.
I would probably play on it like deck it up with Christmas lights.
Then if they say anything you cant do anything for religious reasons...hehe
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Old 11-10-2009, 06:56 PM
 
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This is part of the response I rec'd from Mrs.__________Engineering Services Investigator:
"those cyress trees need to be trimmed back signigficantly. These trees have been a cause of concern for years and must be signigficantly maintained to prevent the sight obstruction.
We came out this summer before you bought the property and removed two of the tress that were blocking the stop sign. We would love to see the trees along _________ be removed but I don't think we can legally require removal, we can only require severe trimming."

I guess when nobody was in the house they thought it was legal to remove but now have thought twice about it?
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Old 11-10-2009, 06:58 PM
 
7,126 posts, read 11,702,805 times
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Quote:
Originally Posted by SunnyKayak View Post
ok, lumbollo you got me thinking what or else is...hmmm If they say they cant legally do anything but they may issuea ticket though. Im picturing one of those long slender pine like trees.
More than likely a whiny neighbor brought up this issue.
I would probably play on it like deck it up with Christmas lights.
Then if they say anything you cant do anything for religious reasons...hehe
25 Christmas trees is overdoing it. lol
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Old 11-11-2009, 07:28 AM
 
Location: Charlotte, NC
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They can (and will) fine you. It will be a hefty fine, too...
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Old 11-11-2009, 08:17 AM
 
Location: Mint Hill, NC
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This sounds more like a traffic sight ability issue than a grumpy neighbor, since they had to remove two trees to make the stop sign visible. It's a safety issue - if the traffic can't see well enough - whether that's down the street to check for oncoming vehicles, or traffic signs, IMHO that's part of a persons civic duty - either to not plant things that may/will grow to obstruct the view for traffic safety, or to maintain it so it doesn't. As they say, they CAN require severe trimming - I guess it's just a choice of whether to keep having to trim them to keep the view unobstructed, or to take them out and put something in either smaller or farther back from the intersection.

In California, they didn't ask, tell, or anything - you just came home one day and your bushes/trees/plants were straight-cut back however far they needed to be - not a particularly attractive landscape option!
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Old 11-11-2009, 08:20 AM
 
Location: North Carolina
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Quote:
Originally Posted by ellemaew View Post
This sounds more like a traffic sight ability issue than a grumpy neighbor, since they had to remove two trees to make the stop sign visible. It's a safety issue - if the traffic can't see well enough - whether that's down the street to check for oncoming vehicles, or traffic signs, IMHO that's part of a persons civic duty - either to not plant things that may/will grow to obstruct the view for traffic safety, or to maintain it so it doesn't. As they say, they CAN require severe trimming - I guess it's just a choice of whether to keep having to trim them to keep the view unobstructed, or to take them out and put something in either smaller or farther back from the intersection.

In California, they didn't ask, tell, or anything - you just came home one day and your bushes/trees/plants were straight-cut back however far they needed to be - not a particularly attractive landscape option!
Yeah there is a lady on my Moms street who has these really tall grasses on the corner at the stop sign. You can't see ANYTHING if you are looking right. You just have to nudge ahead and hope for the best.

I'd just cut them...what if they cause an accident and someone gets hurt?
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Old 11-11-2009, 08:35 AM
 
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Quote:
Originally Posted by chicagocubs View Post
They can (and will) fine you. It will be a hefty fine, too...
Under what legal statute?

IMO, if these trees are on the homeowner's property and NOT in a public easement, there isn't anything they can do. NC Law does not allow for municipalities to create fines out of thin air. They have to be supported by statute which is the reason for my question.
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