[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley 12-12-2006 by L.L. No. 4-2006.
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 122.
The purpose of this chapter is to enhance the safety, health and welfare
of the people of the Village of Newark Valley by establishing standards for
tree and shrub planting, maintenance and removal.
A.
BOARD OF TRUSTEES
CODE ENFORCEMENT OFFICER
OWNER
PERSON
PUBLIC HIGHWAY
SHRUB
SHRUBBERY
STREET
TREE
VILLAGE
Definitions. The following words and phrases, when used
in this chapter, shall have the meanings hereby ascribed to them, except in
those instances where the context indicates a different meaning:
The Board of Trustees of the Village of Newark Valley, Tioga County,
New York.
A person designated by the Board of Trustees to make the determinations
required by this chapter.
Any person or persons who is in title to the real property in question
and/or is a mortgagee, assignee of rents, receiver, executor, trustee, administrator,
lessee or agent who is directly or indirectly in control of the real property
which is located within the Village of Newark Valley.
Any natural person, firm, association, partnership, company or corporation.
Same as "street," see below.
A woody plant with several stems, smaller than a tree; bush.
[Amended 8-14-2007 by L.L. No. 1-2007]
Same as "shrub," see above.
Any street, right-of-way, sidewalk or alley open to the public and
that extends to the limits of the Village's legal right-of-way.
A large, woody, perennial plant with one trunk and many branches
at some height from the ground.
[Amended 8-14-2007 by L.L. No. 1-2007]
The Village of Newark Valley, Tioga County, New York.
B.
Construction. In this chapter, the singular shall include
the plural, and the masculine shall include the feminine and neuter.
A.
It shall be unlawful for any person to suffer, permit
or allow any tree or shrub, its foliage or branches thereof, or hedge, which
may be located on the owner's property or located in, upon or adjacent
to any street, alley or abutting sidewalk or other public right-of-way within
the corporate limits of the Village, to obstruct the view or use by the public.
B.
Trees and shrubbery shall be maintained so as not to
pose a threat to public health, safety or welfare. The owner of the property
on which the tree or shrub is located at grade level shall be responsible
for its proper maintenance and/or removal if, in the opinion of the Code Enforcement
Officer, such maintenance or removal is deemed necessary.
It shall be unlawful for any person to suffer or permit the limbs or
foliage of any tree or shrub on his property to extend over any sidewalk of
the Village at a height less than 10 feet from the ground or over the street
or alley at a height less than 15 feet.
Any owner of property on which dead or diseased trees or shrubs are
located shall have the responsibility to remove and dispose of such trees
or shrubs or any diseased portions thereof.
The Village shall have the right to cause the removal of any dead or
diseased tree or shrub on private property within the Village when such tree
or shrub constitutes a hazard to life and property. The Code Enforcement Officer
will notify, in writing, the owner of such tree and/or shrub. Service of such
notice shall be accomplished by personal delivery or by registered or certified
mail to the last known address of such person. Removal shall be done by said
owners within 30 days after the date of service of the notice. In the event
of failure of the owner to comply, the Village shall have the authority to
remove such trees or shrubs and charge the cost of removal on the owner's
property tax notice.
A.
If any owner, person or other entity shall, after notice,
fail to comply with any lawful directive issued pursuant to this chapter within
30 days after the receipt of the written notice as set forth in the preceding
section, or, in the judgment of the Code Enforcement Officer, a condition
exists which poses an immediate threat to the safety, health and/or welfare
of the public, the Village may perform the necessary work or authorize others
to do so and bill such person or other entity for the same.
B.
Such bill shall be paid within 30 days.
C.
A final or aggregate bill for work performed under this
chapter shall be rendered to the property owner or person on or before September
1 of each year covering the amount of such work or services performed for
the entire year preceding September 1.
D.
Any such bill which remains unpaid for a period of 60
days after September 1 shall become a lien upon and be assessed against the
real property upon which the work was performed and shall be added to the
next annual tax levy as prescribed by Article 2 of the Village Law of the
State of New York.
It shall be unlawful for any person to prevent, delay or interfere with
the Village, or any of its agents, while engaging in and about the planting,
cultivating, mulching, pruning, spraying or removing of any trees or shrubs
on public lands, within or extending over any public right-of-way and/or private
grounds, as authorized in this chapter.
The Board of Trustees shall have the right to review the conduct, acts
and decisions of the Code Enforcement Officer. Any person may appeal from
any ruling or order of the Code Enforcement Officer to the Board of Trustees,
which may hear the matter and make the final decision.
Any person, partnership, corporation, trust or other entity who or which
fails to comply with or violates any of the provisions of this chapter or
directive issued thereunder or who takes part in or aids, abets or assists
in any way in such violation, whether through action, inaction, negligence
or otherwise, shall be liable, upon conviction for each offense in a summary
proceeding, and shall pay a fine not to exceed $250 and/or imprisonment not
exceeding 15 days as provided by law. Each day on which any violation of this
chapter continues shall constitute a separate offense.
