ARTICLE II, General Regulations

Text relating to property maintenance has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

ARTICLE II, General Regulations

§ 225-3. Definitions.

When used in this Article, the following terms shall have the respective meanings hereinafter set forth:

LAND -- Private land and also that portion of land located within the lines of the streets and public ways of the village and which is subject to a public easement for streets, public ways and sidewalks.

OWNER -- The person or persons vested with the legal title of an estate for life or fee simple in the land upon which any tree, shrub or plant is located in the village, and also shall include any person or persons having an interest or easement, qualified or otherwise, in any tree, shrub or bush in the village.

TREES, SHRUBS and OTHER PLANTS -- Those located on any land as hereinabove defined.

§ 225-4. Traffic hazards prohibited.

No tree, shrub or other plant located on any land adjacent to, at or near any corner, curve or intersection of any street within the limits of the village shall be permitted by the owner thereof so as to obstruct or interfere with the view of drivers of vehicles operated on the public streets of the village as to create a traffic hazard at such corner, curve or intersection.

§ 225-5. Obstructions prohibited.

No tree, shrub or other plant on any land in the village shall be permitted by the owner thereof to interfere with or obstruct the lawful use of sidewalks and streets by persons and vehicles.

§ 225-6. Unsafe conditions prohibited.

No tree, limb or branch thereof on any land in the village shall be permitted by the owner thereof to remain in an unsafe condition so as to endanger or cause bodily injury to any person or damage to any vehicle or property lawfully using or upon the sidewalks, streets, public ways and public grounds of the village.

§ 225-7. Duty of owner.

It shall be the duty of every owner of land in the village to trim or remove any tree, shrub or other plant or any limb, branch or other portion thereof which exists in a condition prohibited by § 225-4, 225-5 or 225-6 hereof.

§ ARTICLE III, Enforcement and Penalties

§ 225-8. Notification of failure to comply.

A. The Codes Enforcement Officers and the Village Police Officers hereby have full authority to investigate all violations of this chapter with and/or without receiving any complaints regarding any violations of the same. All investigations will be conducted under the general rules and conduct and in accordance with the Criminal Procedure Law and Penal Law of the State of New York.

B. If any person is found in violation of the provisions of this chapter, the Codes Enforcement Officer, a Village Police Officer or any other person or agency designated by the Village shall serve written warning (“Warning”) upon the person to comply therewith. If the person upon whom the Warning is served fails, neglects or refuses to comply with said Warning within seven (7) days, the Village may serve a notice of fine (“Notice of Fine”) upon the owner. The terms of payment for the fine are set forth in Schedule C. Every seven (7) days that a violation of this chapter continues shall be and does hereby constitute a separate and distinct offense, subject to the terms set forth in Schedule C.

C. At any time after the service of a Notice of Fine the Village may, but is under no obligation to, issue an appearance ticket to the owner to appear in the proper court of jurisdiction that may subject the owner to additional penalties and demands set forth by the court.

§ 225-9. Village to do work; lien.

If the person upon whom the Notice of Fine is served fails, neglects or refuses to comply with said notice within ten (10) days after the service of such notice or if such notice was served by posting upon the premises, then within fifteen (15) days after such posting, the Superintendent of Public Works shall cause such weeds, grass, brush or other vegetation on such lot or land to be cut and removed, and the actual cost of such work plus fifty percent (50%) for supervision and other additional cost in connection therewith shall be certified by the Superintendent of Public Works to the Village Treasurer and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

§ 225-10. Penalties for offenses.

Penalties for violating provisions of this chapter are provided in Schedule C.