[Adopted 1-15-1985 by L.L. No. 1-1985]
It shall be the duty of every owner of real property within the Village
of Tuxedo Park to trim or remove, as circumstances may require, any trees
or shrubs located on such owner's real property when such trees or shrubs,
or their branches or roots, are a menace to the public or to the streets,
sidewalks or underground or above-ground improvements.[1]
The Board of Trustees of the Village of Tuxedo Park may appoint a person
to enforce the provisions of this article, who shall be known as the "Enforcement
Officer." This article may also be enforced by the Police Chief, Board of
Trustees, Building Inspector or Public Works Superintendent.[2]
The Enforcement Officer shall determine whether particular trees and shrubs constitute a menace pursuant to § 75-12 above, specifying the reason therefor. If the Enforcement Officer determines that any such tree or shrub constitutes such a menace, the owner of the real property upon which such tree or shrub is located shall be served personally or by certified mail with a written notice by the Enforcement Officer. Such notice shall inform such owner that such determination has been made and shall require such owner to trim or remove such tree or shrub, as circumstances may require, within 30 days after such service.
Failure to trim or remove such tree or shrub pursuant to such notice
and within such time shall be a violation of this article.
Upon such failure, the Enforcement Officer may cause such tree or shrub
to be trimmed or removed. The Enforcement Officer shall certify to the Board
of Trustees of the Village the expense paid or incurred for such trimming
or removal. The Board of Trustees shall thereupon assess such expense upon
the real property involved, and such charge shall constitute a lien and charge
upon the real property upon which it is levied until paid or otherwise satisfied
or discharged and shall be collected by the Village Treasurer in the manner
provided by law for the collection of delinquent taxes.
