[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 5-26-1961. Amendments noted where applicable.]
It shall be unlawful for any owner, lessee or occupant of any land in the Village of Southampton to permit or maintain on such land any trees which are infected with the Dutch elm disease or with any other infectious disease or which have dead or dying branches, stumps or other dead or dying wood which may become the host of the scolitus beetle or other carrier of the Dutch elm disease.
It shall be the duty of the owner, lessee or occupant of any land in the Village of Southampton to cause to be cut down any trees thereon which are infected with the Dutch elm disease or any other infectious disease, and to cause to be pruned from all elm trees on such land any dead or dying branches or other dead or dying wood which may become the host of the scolitus beetle or other carrier of infectious disease, and to cause any trees which may be so cut down and any dead or dying branches or other wood which may be so pruned from trees and any stumps which may be or become infected to be forthwith removed from the land and to be burned in accordance with the regulations established or to be established by the Board of Trustees of the Village.
In order to control tree and shrub infection and to prevent the spread of such infection to other trees and shrubs from becoming a public nuisance, the Chairman of the Highway Committee of the Village and/or such other person or persons as may be designated by the Board of Trustees may enter upon private property for the inspection of trees and shrubs and the taking of specimens therefrom. The said Chairman of the Highway Committee or such other person designated by the Board of Trustees shall keep written records of all such inspections and of all trees and shrubs found to be so infected or diseased. The Village Clerk, at the request of the Chairman of the Highway Committee or other person so designated, shall serve or cause to be served upon the owner, lessee or occupant of the land containing such infected or diseased trees or dead or dying branches, stumps or other wood a copy of this chapter and a written notice requiring compliance with the provisions thereof. Such notice shall be served personally on the owner, lessee or occupant or by mailing a copy thereof to the owner of the land, addressed to his last known address as same appears upon the last Village assessment roll. The owner, lessee or occupant so served may file with the Village Clerk a request in writing for a hearing thereon before the Board of Trustees.
If, within 10 days after the service of such notice, the owner, lessee or occupant fails, neglects or refuses to comply with said notice and shall fail to file a request in writing for a hearing as aforesaid, then the Village Board shall direct the Chairman of the Highway Committee or other duly appointed officer or employee of the Village of Southampton to cause such infected or diseased trees, branches, stumps or other dead or dying wood to be removed by cutting, uprooting, removing and burning the same, and the actual cost of such work, as certified by the Chairman of the Highway Committee, shall become and be a lien upon such land and shall be added to and become a part of the taxes next to be assessed and levied upon such land and shall be collected and enforced in the same manner as taxes. If a hearing is requested as aforesaid, the Board of Trustees shall hold same promptly, upon at least three days' notice in person or by mail to the person making the request, and shall take such action thereafter as the facts may require.
[Added 10-9-2008 by L.L. No. 9-2008]
Definitions. As used herein, the following terms shall have the meanings indicated:
- The portion of the right-of-way of a public street which is not paved or similarly improved for vehicular use.
- VILLAGE TREE
- Any tree located on the right-of-way of a public street or on any parcel owned by the Village of Southampton.
No person shall in any way mutilate, cut down, remove, injure or destroy any Village tree without the written permission of the Superintendent of Public Works.
No person shall remove any Village tree to install, alter or relocate a driveway without the written permission of the Superintendent of Public Works.
No person shall place any materials or dumpster on the shoulder of the right-of-way of a public street within 30 feet of any Village tree.
[Amended 1-29-1982 by L.L. No. 1-1982; 7-11-2002 by L.L. No. 1-2002]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.