[Adopted 12-12-1966 by L.L. No. 2-1966]
It shall be unlawful for any owner, lessee or occupant of land in the
Village of Pelham Manor to permit or maintain on such land any tree or branch
thereof that is damaged, dead or infected with dutch elm disease or any other
highly fatal infectious disease, so as to be a public nuisance or in danger
of falling.
In respect of land owned, leased or occupied in the Village of Pelham
Manor, it shall be the duty of the owner, lessee and occupant of such land:
A.
To cut down and remove from the village any tree or branch
thereof on such land which is dead or so damaged as to be a public nuisance
or in danger of falling.
B.
To cut down and remove from the village any tree on such
land which is wholly infected with dutch elm disease or with any other highly
fatal infectious disease.
C.
To prune from all trees on such land which are infected
with dutch elm disease or with any other highly fatal infectious disease,
all branches or other wood which are diseased or infected and remove such
prunings from the village.
The General Foreman of the Department of Public Works of the Village
of Pelham Manor or a qualified tree expert as may be duly authorized by the
Board of Trustees of the Village of Pelham Manor may enter upon private property
for the inspection of trees and for the purpose of taking specimens therefrom.
If such inspection shows that a tree is damaged or dead or is infected with
dutch elm disease or any other highly fatal infectious disease so as to be
a public nuisance or in danger of falling, the Clerk of the Village of Pelham
Manor shall serve written notice upon the owner, lessee or occupant of the
land upon which such damaged, dead, infected or diseased trees are located
requiring compliance with the provisions of this section within 30 days or
any reasonable period of time stated in the notice as the facts and circumstances
may warrant after service of such notice. Written notice may be served by
either posting such notice in a conspicuous place upon the premises affected
or by mailing a copy thereof to the person to whom it is directed at the address
of the taxpayer appearing on the last assessment roll of the Village of Pelham
Manor.
If the owner, lessee or occupant of land in the Village of Pelham Manor
fails, neglects or refuses to comply with this article, the Clerk of the Village
of Pelham Manor shall thereupon take such action and do such things as may
be necessary to eliminate the unlawful conditions existing on such land in
order to comply with the provisions of this article. The necessary work may
be performed by employees of the Village of Pelham Manor under the supervision
of the General Foreman of the Department of Public Works or by contracting
with duly qualified tree experts or by any other manner which the facts and
circumstances may warrant.
The General Foreman of the Department of Public Works shall keep an accurate account of the cost of labor and materials used in performing the work undertaken pursuant to the provisions of § 197-9 with respect to each parcel of land on which such labor and materials are used. In each such case the General Foreman of the Department of Public Works shall certify the amount of such cost to the Clerk of the Village of Pelham Manor who shall thereupon cause a statement of such cost to be mailed to the last known owner of the land and to the lessee and occupant thereof. Unless the amount of such cost is paid within 30 days from the date of such statement, such cost shall be assessed upon the land upon which such work was done.
[Amended 5-14-1979 by L.L. No. 1-1979]
For each violation of this article, the offender shall be subject upon
conviction to a penalty of not more than $250. Each and every day that such
violation continues shall constitute a separate offense. In addition, an offender
shall be subject for violation of this article to injunction prohibiting and
otherwise preventing any continuous violations hereof.
