Section 708-804 - Control of albizia trees on private property(a) An owner of real property or the owner's agent shall be authorized to enter vacant real property that is privately owned and directly adjacent to the entering owner's property to control one or more albizia trees located on the adjacent property; provided that the entering owner: (1) Has consulted with a tree risk assessment qualification certified arborist to confirm that the albizia trees on the adjacent property: (A) Create a condition that could become hazardous to the entering owner's property or persons thereupon if left untreated; and(B) May be felled and removed or otherwise treated according to current established methods that minimize risk to human health and safety, and without damaging any structure, utility pole, or utility line;(2) Has unsuccessfully made two or more reasonable attempts within the previous thirty days to contact the owner of record of the adjacent property via telephone or registered mail; and(3) Has given written notice to the adjacent property owner prior to accessing the adjacent property, to prevent the property from mistakenly being determined vacant where the land is not in production because it is, for example, resting pasture land at the intended time of entry.(b) It shall be a defense to citation or prosecution under sections 708-814, 708-815, 708-820, 708-821, 708-822, 708-823, and 708-823.5 that the entering property owner or agent entered an adjacent property for the purposes of and in compliance with this section.(c) As used in this section: "Albizia tree" means any tree of the species Falcataria moluccana or Albizia chinensis.
"Vacant" means improved or unimproved but having no reasonable indication of use or maintenance for one year or more.
Added by L 2019, c 13,§ 2, eff. 7/1/2019.