(a) A certified arborist shall make the determination that a tree is a public nuisance tree.
(b) The Urban Forester in accordance with the Virgin Islands Tree Board policies and best management practices has the right to prune or remove public nuisance trees that are located on private property.
(c) The Urban Forester or the designated arborist has a right-of-entry for inspection onto private property, but must provide written notification and request permission to enter the property.
(d) If the owner of private property refuses to allow the Urban Forester or an arborist designated by the Urban Forester to inspect the property, the Virgin Islands Department of Agriculture may compel inspection through legal process or other allowable means.
(e) The Urban Forester shall inform owner of a public nuisance, in writing, 14 days prior to the pruning or removal. This written notification must include the estimated cost of labor and materials required to remove or prune the tree and advise the property owner that the Government will incur the cost for this initial work, but that the property owner will bear the costs of any subsequent work done on a public nuisance tree on his or her property. Any subsequent notice to the property owner regarding a public nuisance tree must include an estimate of the cost of the work, the time period within which the property owner must complete the work and advising that if the work is not completed within that time period, the Government will perform the work and bill the property owner for the costs of the work.
(f) If the owner of the public nuisance tree decides to prune or remove the tree, the work must be done in accordance with provisions of this chapter and the policies and best practices of the Tree Board. Tree pruning or removal to be conducted on privately owned property near power lines must be performed by a certified professional upon approval of the Virgin Islands Water and Power Authority. Unlicensed, uncertified, and uninsured individuals are not permitted to work in the vicinity of public utility lines.