CHAPTER 188 - NEWARK - AUTHORIZING FULL POWER AND AUTHORITY OVER TREES

AN ACT TO AUTHORIZE "THE COUNCIL OF NEWARK" TO HAVE FULL POWER AND AUTHORITY OVER ALL TREES PLANTED AND TO BE PLANTED IN ANY OF THE STREETS, HIGHWAYS, LANES AND ALLEYS OF THE SAID TOWN, AND TO CAUSE THE REMOVAL OF TREES DANGEROUS TO PUBLIC TRAVEL ON SAID STREETS OR INJURIOUS TO SIDEWALKS, CURBS, SEWERS OR DRAINS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch thereof concurring therein):

SECTION 1. That "The Council of Newark" shall have full power and authority over all trees planted and to be planted in the streets, highways, lanes and alleys in the said Town of Newark.

SECTION 2. Whenever in the opinion of "The Council of Newark" any tree, or part thereof, living or dead, in any of the streets, highways, lanes or alleys of the Town of Newark becomes defective or dangerous to public travel on such streets, highways, lanes or alleys or injurious to sidewalks, curbs, sewers or drains, the said "The Council of Newark" shall have power to cause a notice to be served upon the property owner in front of whose property such tree exists, requiring the property owner, within a time therein stated, which time shall be not less than twenty (20) days, to cause said tree or trees to be removed, and the ground or sidewalk whereon said tree existed to be restored to a condition equal to the adjoining ground or sidewalk. In case such property owner shall fail to cause the removal of any such tree or trees as required by such notice, "The Council of Newark" shall have power to cause the same to be removed. Service of said notice may be made by leaving a copy thereof upon the premises, if same is occupied, or by posting a copy thereof upon the premises, if unoccupied, or forwarding a copy thereof by letter, duly stamped, sealed and registered, addressed to the occupant of the premises or the owner thereof, and the registered receipt, signed by such occupant or owner, shall be sufficient evidence of the service of such notice.

SECTION 3. This Act shall take effect immediately after its passage and shall be deemed and taken to be a public Act, and all Acts and parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed.

Approved April 24, 1945.