City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Art. IV of Ch. 23 of the 1972 Code of Ordinances; amended in its entirety 3-16-1992 by L.L. No. 2-1992. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Sand excavation and tree removal — See Ch. 204.

§ 203-1 Permit required to plant.

No shade or ornamental tree or shrub shall be planted in any of the highways, sidewalks or public places of the City until such tree or shrub shall have been first approved and the place where it is to be planted designated by the Administrator and a permit granted therefor. The hole or excavation prepared for planting such tree or shrub and the space outside the trunk thereof shall be of such area and prepared in such manner as shall be designated by the Administrator.

§ 203-2 Permit required to cut, remove or disturb.

No shade or ornamental tree or shrub in any highway, sidewalk or public place in the City shall be cut, pruned, broken, climbed, injured or removed, nor shall the roots, stems, branches or leaves of such tree or shrub be cut, broken or otherwise disturbed, until and unless a permit therefor has been granted by the City Clerk.

§ 203-3 Spraying; placing fixtures on trees or guards prohibited.

No person not duly authorized thereto by the Administrator shall spray any shade or ornamental tree or shrub in a highway, sidewalk or public place with any chemical or insecticide, nor shall any person place any rope, sign, poster or other fixture on either a tree or guard thereto, standing in a highway, sidewalk or public place, or injure, misuse or remove any device placed to protect such a tree or shrub.

§ 203-4 Guards to be placed around trees during construction.

In the erection or repair of any building or structure, the owner thereof shall place such guards around nearby trees standing in any highway, sidewalk or public place within the City as shall effectually prevent injury thereto.

§ 203-5 Electrical wires and devices.

A. 
All wires charged with electricity extending over any highway or public place within the City shall be so securely fastened with wires or otherwise that they shall not come in contact with any tree or shrub standing or growing in any highway, sidewalk of public place within the City.
B. 
No person shall, without written permission of the Administrator, attach any electrical or other wires, insulators or any device for the holding of an electric or other wire, or attach or maintain any guy rope, cable or other contrivance, to any tree growing or planted upon any highway, sidewalk or public place within the City.
C. 
Every person or corporation having any wire or wires charged with electricity extending over a highway, sidewalk or public place within the City shall, upon written notice from the Administrator, temporarily remove any such wire or wires or discontinue the transmission of electric current through the same when necessary for the safety of workmen engaged upon trees or shrubs growing in any highway, sidewalk or public place within the City, and the work of removing such wires or ceasing the transmission of electricity through the same shall be completed within 24 hours after the service of a written notice by the Administrator requiring the same.

§ 203-6 Interference with Administrator prohibited.

No person shall prevent, delay or interfere with the Administrator or his Department or with any of its employees in the planting, trimming, pruning, spraying or removing of any trees or shrubs standing or growing in a highway, sidewalk or public place within the City or in the removal of stone, cement or other substance about the trunk of any such tree or shrub which, in the judgment of the Administrator, tends to or may retard its growth.

§ 203-7 Responsibility for maintenance of premises; request for hearing.

[Added 7-15-1996 by L.L. No. 8-1996; amended 9-7-2004 by L.L. No. 31-2004]
A. 
All persons shall keep their premises, including vacant lots, whether owned, leased, occupied or in their charge, clear of weeds (including grass over 10inches tall), brush and unsightly or noxious growth, and if, after written notice from the Code Enforcement Officer, the weeds (including grass over 10 inches tall), brush and unsightly growth are not cleared away within a period of five days from such notice, the Code Enforcement Officer may cause such weeds (including grass over 10inches tall), brush and unsightly or noxious growth to be cut and removed where necessary, and the cost thereof shall thereupon be chargeable to and collected from the owner of such premises or the persons leasing, occupying or having such premises in their charge as other taxes or levies are or may be collected, and the payment of any such charge to the City by any person failing to comply with such notice shall not bar prosecution for the offense of failing to comply with this section.
B. 
Any property owner who disputes the cost assessed pursuant to this section shall have the opportunity to request a hearing pursuant to Chapter 34, Hearings.
C. 
Service of notice. Written notice shall be affixed to or posted upon such lot or land and shall be mailed to the owner, lessee or occupant at the last known address of such owner, lessee or occupant via overnight mail.

§ 203-8 Removal of dangerous trees.

[Added 6-2-1997 by L.L. No. 3-1997]
The Street Superintendent shall direct that any trees, branches, shrubs or other growth that, in the Superintendent's opinion, endangers the users of a City street or right-of-way be remedied by the owner of said tree, shrub or growth. In the event that the property owner fails to remedy said dangerous condition within 10 days after the date of mailing said notice, the Street Superintendent shall undertake the remediation of said dangerous condition. The actual cost to the City of said remediation plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith shall be certified to the City Administrator. This amount shall become a lien upon the property on which said tree, shrub or growth was remediated by the City, and the total amount thereof shall be added to and become due and payable with the taxes remitted by the property owner upon the next tax bill prepared by the City.