[Adopted 1-23-2003 by L.L. No. 2-2003 (Ch. 42B of the 1972
Code)]
No person, corporation, company, partnership, firm or other
legal entity owning, leasing or possessing any land in the Incorporated
Village of Malverne shall allow, permit or maintain on any such land,
any trees, shrubs, bushes or other vegetation which are infected or
infested with organisms which cause or may cause disease, damage or
destruction of such trees, shrubs, bushes or other vegetation by devouring
the bark or foliage thereof and which spread, or may be spread, to
other such trees, shrubs, bushes or other vegetation.
Any person, corporation, company, partnership, firm or other
legal entity owning, leasing or possessing any land in the Incorporated
Village of Malverne who or which allows, permits or maintains any
such tree, shrub, bush or other vegetation which is so infected or
infested shall immediately destroy and remove any such infected or
infested tree, shrub, bush and other vegetation, in such a manner
to prevent the spread of such infection and/or infestation to other
trees, shrubs, bushes or other vegetation. Such destruction and removal
shall include all portions of the affected tree, shrub, bush or other
vegetation, including any roots and/or stumps.
A.
In the event that any person, corporation, company, partnership,
firm or other legal entity shall fail to destroy and remove any such
infected and/or infested tree, shrub, bush or other vegetation, the
Village shall serve or cause to be served a written notice of such
failure upon the owner, lessee or occupant of such land, requiring
such owner, lessee or occupant to destroy and remove such infected
and/or infested tree, shrub, bush or other vegetation. If such owner,
lessee or occupant does not reside within the Village, then such written
notice shall be served by certified mail, return receipt requested,
to the last known address of such person or legal entity.
B.
If such owner, lessee or occupant served with such notice shall fail
to destroy and remove such infected and/or infested tree, shrub, bush
or other vegetation within 10 days after such notice, then the Village
may destroy and remove such infected and/or infested tree, shrub,
bush or other vegetation, and the actual cost of said destruction
and removal shall become a lien upon the property on which said infected
and/or infested tree, shrub, bush or other vegetation was located,
and shall be added to and become and form part of the taxes from the
date of certification of such actual costs next to be assessed and
levied upon such land and shall bear interest at the same rate and
be collected and enforced as taxes. Such cost shall be in addition
to any fine or other penalty that may be imposed.
Unless otherwise provided, the provisions of this article shall
be administered and enforced by the Superintendent of Public Works,
Building Inspector, Deputy Building Inspector, Interim Building Inspector,
and/or Assistant Building Inspector. Violators are subject to court
action.
Any person, corporation, company, partnership, firm or other
legal entity violating any of the provisions of this article shall
commit an offense, the fine for which shall not exceed $250 for each
offense. The failure to destroy and remove each infected and/or infested
tree, shrub, bush or other vegetation shall constitute a separate
and additional offense of this article.
A.
Whenever any provision of this article on tree removal is in conflict
with any other provision of this chapter or any other statute or local
law applicable or covering the same subject matter, the most restrictive
provision or the one imposing the highest standard shall govern and
be supreme.
