By JIMMY LAWTON

OGDENSBURG – City Council members have called for a public hearing regarding a new law that could make the residents responsible for trees in city right-of-ways, or place the burden on the city.

The proposal sparked some debate between city councilors at their meeting on Monday.

Mayor William Nelson said the city would be at financial, and possibly legal, risk by maintaining trees that were technically owned by residents.

However, councilor Michael Morley said city residents should not be responsible for trees planted by the city in right of ways granted to the city between homes and side walks.

The proposed law included a fining schedule for residents who did not properly maintain the trees.

“No one should be fined because they didn’t trim their trees,” Morley said.

Councilor William Hosmer also objected to the law. He questioned if homeowners would have the ability to remove the trees without the city’s permission.

City Manager John Pinkerton said they could not.

“If I can’t cut it down. I don’t want to have to be responsible for trimming it,” Hosmer said.

Hosmer, noting the example was extreme, questioned if residents would be able to trim every branch off the tree, which would likely kill the tree anyway.

Pinkertown said that would technically be allowed under the law.

Pinkerton said there is a certain amount of liability involved for the city in maintaining the trees and the law aimed to safe guard and preserve the city’s tree population.

The law is also a requirement of a grant received by the city. Nelson said the law needed to be moved forward soon in order to meet the grant’s requirements.

Councilor Jennifer Stevenson proposed an amendment to the law that would allow the city to trim trees that loomed over city sidewalks below 10 feet, but would leave other necessary trimming in the hands of the resident. She also proposed removing the fine schedule and added that trims could be trimmed in other circumstances if they posed a safety hazard.

Morley still objected to the changes. He said he preferred a proposal put for by the tree commission. That proposal included no fines and allowed the city to maintain the trees.

“I believe the responsibility should not be on the homeowner,” he said. “That’s why we have a tree crew and a 50 foot bucket truck. It’s not just to hang up Christmas lights,” he said.

In the end board voted 5-2 on putting forward the tree commissions recommendation. Mayor Nelson and councilor Stevenson opposed the resolution.

A public hearing on the proposal will be held Nov. 24 at 7 p.m. at city hall.