A. 
Any person, firm, corporation, or other entity who or which undertakes any regulated activity without a tree removal permit required by this chapter or who violates any condition attached to a tree removal permit, or who otherwise violates any of the provisions of this chapter shall be guilty of an offense punishable by a fine of not more than $250. Each tree removed without a tree removal permit required by this chapter or in violation of any condition attached to a tree removal permit or otherwise in violation of this chapter shall constitute a separate offense. For a second and each subsequent violation within a one-year period, the violator shall be guilty of an offense punishable by a fine of not more than $1,000 or a term of imprisonment of not more than 15 days, or both. Notwithstanding the foregoing, a violation of § 208-16A(6) shall be punishable by a fine of not more than $5,000 or a term of imprisonment of not more than 15 days, or both. Each violation of the provisions of this chapter shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. In addition, the court may order or direct a violator to replace any or all trees removed illegally, with a size and type selected by the Superintendent of the Department. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Village Engineer.
B. 
In addition to the criminal penalties provided in § 208-25A any person, firm, corporation, or other entity who or which undertakes any regulated activity without a tree removal permit required by this chapter, or who violates any condition attached to a tree removal permit, or who otherwise violates any provision of this chapter shall also be liable for a civil penalty not to exceed $3,000 for each such violation. Each consecutive day of the violation shall be considered a separate offense. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the Planning Board upon due notice and with right to specification of the charges and representation by counsel. Such civil penalty may be recovered in an action brought by the Village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Village and any action commenced to recover the same may be settled and discontinued by the Village.
C. 
The Planning Board also shall have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Board's supervision, to replace illegally removed trees and to restore satisfactorily the affected land to its condition prior to the violation, insofar as that is possible, within a reasonable time. Exercising of this power may be with or without the imposition of a fine or civil penalty under Subsections A and B hereof.
D. 
Any civil penalty or order issued by the Planning Board shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
E. 
The Village also shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter and to compel the replacement of any or all trees removed illegally and the restoration of the land affected to its condition prior to the violation of the provisions of this chapter.
F. 
The Village shall not issue a building permit, temporary certificate of occupancy or certificate of occupancy for any property for which a violation of this chapter has been served, or for which an administrative or judicial proceeding has been commenced under this section, until said violation or proceeding is dismissed or resolved to the satisfaction of the approving authority or court, as is appropriate.
G. 
The Village Engineer and Code Enforcement Officer(s) are hereby authorized to issue appearance tickets for violation of this chapter.
A. 
A determination by the Planning Board to grant or deny a tree removal permit may be reviewed by the applicant or any other aggrieved person by the commencement of an action pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.
B. 
In the case of an application decided by the Village Engineer or the Village Engineer's designee, the applicant or any other party aggrieved by such determination may seek review by appealing to the Planning Board, in which case the Planning Board shall become the approving authority for such application. Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority.
[Amended 11-19-2018 by L.L. No. 10-2018]
A. 
The Department shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the Village. The Department shall notify, in writing, the owners of such trees. Removal shall be done by said owners, at their own expense, within 30 days after the date of service of notice.
B. 
The Department shall have the right to cause the removal of any trees or tree limbs on private property within the Village that it has determined are dangerous because they are likely to constitute an imminent hazard to life and/or property. The Department shall notify, in writing, the owners of such trees or limbs. Removal shall be done by said owners, at their own expense, within three days after the date of service of notice.
C. 
In the event of an owner's failure to comply with Subsection A or B hereunder, the Department shall have the authority to remove such tree(s) or limb(s), as the case may be, and charge the cost of removal to the owner. If the charge is not paid within 30 days from the date of the bill, the Village Manager shall cause, on the next succeeding April 15, any said unpaid removal charges to be added to the Village tax bills. Said charges shall constitute a lien on the real property so affected.
If any provision of this chapter shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof.