Village leaders say they lack legal authority to force removal of a downed tree; council considers ordinance

The Village of East Canton council discussed limits on the village’s ability to require private property owners to remove a partially downed tree in the Family Dollar parking area, and council members said they will consider a villagewide ordinance to address similar cases.

Chair said the village previously sought legal guidance and was told it lacked authority to force a private owner to remove a downed tree. "We sought the advice of our solicitor, and he, advised us that we had no legal standing to address," Chair said, explaining why officials had not pursued enforcement earlier. Staff member raised options the village could use if the tree posed a threat: "If it constitutes a nuisance being a threat to health, safety, or welfare of the residents, we could argue that it constitutes a nuisance," the staff member said, or the village could cite zoning or building-code violations if applicable.

Committee members reported the tree has been in that condition for over a year and asked why it had not been addressed sooner. One councilor said he could remove the hanging limb if the landowner give permission: the councilor, who said he has tree-trimming experience, offered to take care of the limb but emphasized that owner consent would be required.

The council discussed drafting a villagewide ordinance to govern how long downed or damaged trees may remain on private property, describing such an ordinance as similar in approach to rules on noxious weeds. Council members agreed the village should explore options rather than assume enforcement is possible today.

The meeting concluded with the council asking staff to inspect the site and report back on possible code violations and on drafting any ordinance language for future consideration.