Special use and benefit of the berm area accrue to
the adjoining property owner. Thus the adjoining property owner shall
be responsible for routine upkeep, repairs and groundskeeping.
If at any time the Village shall find that any shrub,
planting or landscaping feature located on the berm constitutes danger
to a street or to persons or vehicles thereon or impairs the line
of sight of any vehicle or pedestrian moving on a street, it shall
be removed or trimmed by the owner upon request from the Village.
Notwithstanding the primary obligation of the property
owner with respect to maintenance of the berm area, the Village reserves
the exclusive right, though not the obligation, to:
If at any time the Village shall find that any tree
or planting located on private real property constitutes danger to
a street or to persons or vehicles thereon or to public places, it
shall be removed or trimmed by the owner of the real property within
14 days after receipt of written notice from the Village. In the event
that the property owner fails to remove or trim such tree or shrub
within said time, the Village may then remove or trim such tree or
shrub and assess the cost thereof against the property owner.
Nothing herein shall limit the authority of the Village
to remove or alter any tree or shrub it deems necessary to protect
the health, safety and welfare of the Village residents.
The Village may grant permission for the construction
of a retaining wall within a berm after a public hearing in accordance
with Article 6 of the Village Law as it may be amended from time to
time, and upon a finding by the Board that the retaining wall is necessary
for the protection or support of adjacent private property and that
the construction and maintenance of such retaining wall will not cause
a public nuisance. Retaining walls located within a berm shall be
maintained and repaired at the sole cost and expense of the adjoining
property owner.
Existing structures located within a berm which were
constructed prior to the adoption date of this chapter shall be permitted
to remain so long as the Board of Trustees determines that no public
nuisance is found to exist. Such structures shall be maintained and
repaired at the sole cost and expense of the adjoining property owner,
but may not be extended, enlarged or replaced in kind.
If at any time the Board of Trustees shall find a
structure to be a public nuisance, it shall be removed at the sole
cost and expense of the adjoining property owner. If after being given
written notice to remove the structure which has been declared to
be a public nuisance, the adjacent property owner does not or will
not comply, then the Village shall have the right to remove such structure,
the cost of which shall be borne by the adjacent property owner and,
if not paid within 30 days, shall be made a lien against the premises
collectible with the next tax levy of the Village.