Village of Huntington Bay, NY
Suffolk County
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Table of Contents
Table of Contents
[Adopted 5-4-1946]
[Amended 5-12-1980 by L.L. No. 1-1980]
No person or persons, firm, association or corporation shall suffer or permit any fence, hedge, ornamental planting, bush or other plant or shrub to be erected or to grow on any corner property owned or occupied by him or them in the Village of Huntington Bay, Suffolk County, New York, formed by the intersection of two streets, roads or avenues, to a greater height than 30 inches above the street level, on any portion of said property within a radius of 30 feet when measured from the corner of the property formed by the intersection of the line of the two streets.
A. 
It shall be the duty of every person or persons, firm, association or corporation owning or occupying any corner property in the Village of Huntington Bay, formed by the intersection of two streets, roads or avenues, within 30 days after notice in writing served by the Clerk upon direction of the Board of Trustees, to remove or cause to be removed any portion of any fence, hedge, ornamental planting, bush or other plant or shrub now erected or growing on any such corner property which exceeds 30 inches above the street level on any portion of said property within a radius of 30 feet when measured from the corner of the property formed by the intersection of the line of the two streets.
[Amended 5-12-1980 by L.L. No. 1-1980]
B. 
The notice herein required to be given by this section hereof may be served by mailing such notice to such owner, addressed to his last known address.
If any such person or persons, firm, association or corporation owning such land shall fail or neglect to remove or cause to be removed any portion of any such fence, hedge, ornamental planting or other plant or shrub now growing or existing upon the land owned by him, it or them, within 40 days from the date of the notice served by the Clerk, as provided in § 13-11 hereof, the Board of Trustees of the Village of Huntington Bay may cause such work to be done and assess the expense thereof against such land.
The Board of Trustees may, upon application in a specific case, grant upon conditions a variance or exception where compliance with the provision of the foregoing section would cause unnecessary hardship to the owner or occupant of the land affected without any compensatory benefit to the community and where the granting of such variance or exception will not materially affect the hazard of traffic.
[Amended 1-9-1978 by L.L. No. 1-1978; 12-21-2001 by L.L. No. 2-2002]
Each offense against the provisions of this article shall constitute a violation pursuant to the Penal Law of the State of New York and shall be punishable as such. Any person or persons violating any provisions of this article shall be liable for and pay a fine of not less than $50 and not more than $250 for a conviction on each offense.
[Added 12-21-2001 by L.L. No. 2-2002]
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.