For the purpose of this chapter, the following definitions shall apply:
ARBORIST
Any person or business which operates, conducts or supervises a business
which removes, cuts or trims trees as part or all of its services.
VEHICLE
A vehicle designed, built or used for the purpose of, or in connection
with, removal, cutting or trimming of trees.
A license shall be issued by the Village Clerk within 10 days after
submission of a completed application by marking the application "approved"
together with the date of such approval and the signature of the Village Clerk.
A license shall not be issued to an applicant by the Village Clerk unless
the applicant has complied with all terms and conditions of this chapter,
and is not in violation of any rules and regulations or local laws adopted
by the Board of Trustees.
Every licensee shall keep complete and accurate books of account with
respect to the operation of his/her business within the jurisdictional boundary
of the Incorporated Village of Lattingtown. All such records shall be retained
by the licensee for at least three years and shall be produced on the demand
of any Village official.
Upon the sale, dissolution, suspension or discontinuance, whether voluntary
or involuntary, of the business of a licensee, it shall be the duty of the
licensee to notify the Village Clerk and surrender the license to the Clerk.
The holder of any license which has been revoked, and any applicant
who shall have been denied a license under this chapter, may petition the
Board of Trustees for review of the determination as follows:
A. The petition for review shall be in writing, signed and acknowledged
by the applicant or licensee, and shall state the ground or grounds on which
the petitioner claims that the determination was improper or illegal.
B. The petition shall be filed with the Village Clerk within 20
days after notification of denial or revocation has been mailed to him/her
by certified mail.
C. Upon filing of the written petition, a hearing shall be held.
D. A hearing shall be held on the date, place and hour designated
by the Mayor.
E. The Mayor shall designate two or more members of the Village
Board of Trustees to conduct said hearing as a Review Board.
F. The Village Clerk shall give notice, stating the name and address
of the petitioner, the subject matter of the hearing and the date, place and
hour designated, by mailing a copy to the petitioner at the address shown
upon the most recent application at least 10 days prior to said hearing.
G. At the hearing, the Review Board shall consider the petition,
the Village Clerk's reasons for denial or revocation of the license and, in
its discretion, any new or additional evidence in support of, or in opposition
to, the petition or the Clerk's actions.
H. The Review Board, after public hearing, shall have the authority
to affirm, reverse or modify the actions of the Village Clerk, including the
authority to impose reasonable conditions for the issuance of any permit.
I. Within 14 days after the hearing, the Review Board shall submit
its determination to the applicant and the full Board of Trustees.
The Board of Trustees may promulgate rules, regulations and standards
to ensure the quality, efficiency and effectiveness of the enforcement, interpretation
and implementation of this chapter.
Notwithstanding the payment of any license fee or the issuance of any
license by the Village, the Village, including its agents and employees, shall
be under no obligation whatsoever concerning the adequacy, operation or maintenance
of such business or of its service to Village residents, nor does the Village
assume any liability whatsoever for the actions of any licensed business.