No person or entity shall erect or permit to be erected, on any lot,
a wall, fence or other structure or obstacle, including hedges, trees, shrubs
or other growth, which obscures the view and creates a dangerous traffic hazard
for motor vehicles entering upon or using the roads.
As used in this chapter, the following terms shall have the meanings
indicated:
TRAFFIC HAZARD
Deemed to be created by any fence, wall or other structure, obstruction
or any hedge, tree, shrub or other growth maintained at road intersections
and which, in the opinion of the Old Westbury Chief of Police or his designee,
obstructs the view of operators of motor vehicles entering upon or using the
road so as to create a traffic hazard.
[Added 10-16-1989 by L.L No. 6-1989]
A. No person or entity shall maintain or permit to be maintained
on any lot a wall, fence or other structure or obstacle, including hedges,
trees, shrubs or other growth, which obscures the view and creates a dangerous
traffic hazard for motor vehicles.
B. If, in the opinion of the Old Westbury Chief of Police
or his designee, a traffic hazard exists, the Chief or his designee shall
notify the Village Clerk, who in turn shall notify the owner, as identified
on Village tax records, of the lot on which the hazard is located. Such notification
from the Village Clerk shall be in writing and shall state that the hazard
must be removed within 15 days of mailing of said notification, which mailing
shall be by certified mail.
C. If the hazard is not removed within the time specified in Subsection
B, the Village may remove it or cause it to be removed and levy the cost thereof against the lot as a tax.
D. Any notice to the owner of the lot required under the provisions of this section may be given by mailing it in a postpaid envelope, addressed to said owner at the last known address as provided in Subsection
B. The mailing of such notice shall be presumptive evidence of its receipt.