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.
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.