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.
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.
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.