Village of Malverne, NY Article I Shade Trees

[Adopted 12-13-1934 by Ord. No. 29; amended in its entirety 2-14-1968 (Ch. 35 of the 1972 Code)]

§ 540-1 Trimming required; enforcement.

It shall be the duty of every owner of real property in the Village of Malverne to keep the shade trees in front of his premises trimmed so that overhanging limbs will not interfere with passersby on the sidewalk or roadway. All overhanging limbs shall be at least eight feet above the center of the sidewalk and 13 feet above the roadway. It shall be the duty of the Superintendent of Public Works to see that the provisions of this section are maintained and enforced and to serve notice in writing on any owner of real property who fails to comply with the provisions of this section; or if such owner of real property cannot be found, service may be made on the occupant of the premises. The notice shall contain a direction that the trees shall be trimmed to meet the requirements of this section within five days after the service of such notice.

§ 540-2 Penalties for offenses; work done by Village.

A. Any person who shall violate any provision of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Village Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In addition to the penalty herein provided, if the owner of said property fails to comply with the notice set forth in § 540-1, the Village may trim or cause to be trimmed the trees mentioned in the notice and the owner shall be required to pay the cost of the same plus a penalty of 10%, and in default of payment, the same shall be secured by action in the name of the Village as debts of like amount are collected or by filing a municipal lien against the property of said owner.