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Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Port Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-1946]
It shall be unlawful for any owner of any occupied or unoccupied lot or land or any part thereof in the village to permit or maintain on any such lot or land any trees, shrubs or bushes or parts thereof which are infected or infested with caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping, segmented animals which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes, by devouring the bark or foliage thereof; and which spread by passing from such trees, shrubs or bushes to other trees, shrubs or bushes, thereby causing destruction and damage to the property of others, and becoming unsightly and a public nuisance.
It shall be the duty of the owner of any lot or land to destroy and remove by cutting, burning, spraying, killing or by other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping, segmented animals which cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof, as often as may be necessary to comply with the provisions of the preceding section.
If the provisions of the foregoing sections are not complied with, the Clerk shall serve or cause to be served a written notice by mail upon the owner of any such lot or land requiring such owner to comply with the provisions of this article. If the person upon whom notice is served fails, neglects or refuses to destroy and remove by cutting, burning, spraying, killing or by other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping, segmented animals, which cause or tend to cause disease, destruction or damage, within five days after service of such notice, the Engineer or other duly appointed officer or employee of the village shall cause such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping, segmented animals to be destroyed and removed by cutting, burning, spraying, killing or by other effectual method, and the actual cost thereof and any other additional cost in connection therewith shall be certified by the Engineer or other duly appointed officer or employee of the village to the Assessor of the village and shall thereupon become and be a lien upon the lot or land on which such caterpillar, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping, segmented animals were located, and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes. The assessment of the cost of the work done by the village against the property involved shall be in addition to the penalties imposed herein for any violation or noncompliance with any provision of this chapter or any rule, regulation, order or special direction duly made thereunder.
As used in this Article, the following terms shall have the meanings indicated:
OWNER
Include one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies and all other entities of any kind capable of being sued.
Any owner who permits or maintains on any lot or land trees, shrubs or bushes infected or infested as described in § 304-1 of this article and as prohibited therein, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided, or who shall violate any of the provisions of this article, or who shall resist or obstruct the Engineer or other duly appointed officer or employee of the village in the cutting and removal of such infected or infested trees, shrubs or bushes, shall upon conviction thereof be liable to a penalty not exceeding $100 for any offense, and in addition such violation shall constitute disorderly conduct and the person violating the same shall be a disorderly person and shall be subject to a fine not exceeding $100, and each day upon which such violation continues shall constitute separate offenses.
[Adopted 6-20-1996; amended in its entirety 11-3-1997 by L.L. No. 16-1997]
It shall be the duty of every owner or occupant of property to keep the trees and shrubs thereon trimmed so as not to interfere with passersby on the sidewalk or roadway. All overhanging limbs shall be at least eight feet above the center of the sidewalk and 13 feet above the roadway.
[Amended 5-20-2020 by L.L. No. 5-2020]
On a corner lot, no fence, wall, hedge, structure, or planting, or combination thereof, more than three feet in height, measured above the curb level shall be erected, placed or maintained within the triangular area formed by the intersecting lines of the roadbeds fronting thoroughfares and a line drawn between points along such thoroughfare lines that are 40 feet distant from their point of intersection.
No person shall mutilate, injure or destroy any shade tree planted or growing in the village right-of-way along the streets, sidewalks or public places.
No person shall plant, trim or cut down any shade tree in the village right-of-way along the streets, sidewalks or public places without the permission of the General Foreman.
Any person violating the provisions of this article or any part thereof shall be liable for and forfeit a penalty not exceeding $100 for each offense.