No trees, shrubs or hedges shall be planted within the sidewalk area in front of or adjacent to any private premises, including all areas in any development, a map for which has been filed or may hereafter be filed with the Planning Board of the Village of the Branch. In the case of existing trees, shrubs or hedges located within the sidewalk area, the owners or occupants of the premises in front of or adjacent to which such trees, shrubs or hedges are located shall be responsible for their maintenance, as provided in §
253-2 of this chapter.
It shall be the duty of every owner, tenant or other occupant
of any house or structure, and every owner or person entitled to possession
of any vacant lot, to remove trees, shrubs or hedges when required
by the Village authorities and to keep trees, shrubs and hedges in
front of or adjacent to their premises and within the sidewalk area
trimmed so that overhanging limbs will not interfere with passersby
on the sidewalk or roadway, such limbs to be kept trimmed at all times
to allow a passage space of not less than eight feet above the center
of the sidewalk and not less than 13 feet above the roadway measured
at a point five feet from the curbline. It shall also be the duty
of every owner, tenant or other occupant of any house or structure,
and every owner or person entitled to possession of any vacant lot,
to repair any sidewalk or curb in front of or adjacent to such premises
damaged by tree, shrub or hedge roots located in front of or adjacent
to said premises, whether or not such are within the property line
or sidewalk area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any owner who has been notified by the Village Clerk or Board
of Trustees that the trees or shrubs on his premises are in violation
of this chapter, and who shall fail to correct the condition within
five days of the sending of such notice to his last known address
by mail, shall be in violation of this chapter, and, in addition to
the penalties otherwise enforceable, the Board of Trustees may thereafter
so trim offending trees and hedges as to correct the prohibited conditions
and may assess the cost thereof against the owners of the adjacent
property. Such costs, if not paid, shall be assessable against the
property as a tax thereon.
[Added 4-11-2000 by L.L. No. 1-2000]
Any owner of commercial or residential property or any person
who fails to adhere to or violates any provision of this chapter shall
be liable for any defect, injury, fault or damage to any third party
and shall be required to hold the Village of the Branch harmless,
and indemnify the Village, from and against any and all expenses or
liability arising out of such violation.