[Adopted 9-21-1942]
It shall be unlawful for any person, either as owner, lessee,
agent, tenant, occupant or otherwise, of any lot or land or any part
thereof in the incorporated Village of South Nyack to permit on said
lot or land or any part thereof the growth or maintenance of any trees,
flowers, shrubs, hedges, bushes, grass, weeds or other similar growths
or the erection, posting or maintenance of any fences, signs or any
other material or substances that may in any manner or form obstruct
a clear view of any highway, street, road or other public avenue in
said incorporated Village of South Nyack for a distance of 40 feet
from either crossing, as hereinafter defined, of any intersecting
highway, street, road or other public avenue in said Village.
It shall be the duty of any such owner, lessee, agent, tenant, occupant or otherwise of any such lot or land or any part thereof to remove any such obstruction and to do all things as may be necessary to comply with the provisions of § 281-25 of this article.
Whenever the provisions of the foregoing sections are not complied
with, the Clerk of the Village shall serve or cause to be served upon
any such owner, lessee, agent, tenant, occupant or otherwise of any
such lot or land or any part thereof so failing to comply with the
provisions of this article a written notice directing such owner,
lessee, agent, tenant, occupant or otherwise to comply therewith immediately.
If the owner of such lot or land or any part thereof is a nonresident
of the Village of South Nyack, the Clerk of the Village shall mail
or cause to be mailed such written notice to such owner, addressed
to his last known address as the same may appear upon the last Village
assessment roll.
If any person upon whom service of such notice is made or to whom such notice is mailed as herein provided fails, neglects or refuses to remove said obstruction and to do all things as may be necessary to comply with the provisions of § 281-25 of this article within five days after such service or mailing of such notice, the Chairman of the Street Committee of the Village or other duly appointed officer or employee of the Village shall cause such obstruction to be removed and shall be empowered to do all things as may be necessary to cause the same to be removed. The actual cost of such or additional cost in connection therewith shall be certified by said Chairman of the Street Committee or other duly appointed officer or employee of the Village to the Clerk of the Village and shall thereupon become and be a lien upon the property on which such obstruction was located and shall be added to and become a part of the taxes next to be assessed and levied upon said lot or land or any part thereof and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
[Amended 6-25-2019 by L.L. No. 3-2019]
Any owner, lessee, agent, tenant, occupant or otherwise of any lot or land or any part thereof in the Incorporated Village of South Nyack who shall fail, neglect or refuse to comply with any of the provisions of this article or with the provisions of any written notice served upon or mailed to him as herein provided or who shall resist or hinder the Chairman of the Street Committee or other duly appointed officer or employee of the Village in the removal of any such obstruction shall, upon conviction thereof, be subject to a Type A penalty as set forth in § 1-15 of the Village Code.
