[HISTORY: Adopted by the Board of Trustees of the Village of Quogue 12-21-1984 by L.L. No. 4-1984. Amendments noted where applicable.]
[Amended 3-20-1987 by L.L. No. 1-1987; 9-19-2014 by L.L. No. 2-2014]
It shall be the duty of all owners of land in the Village of Quogue on which a dwelling or other building is located to maintain their properties (other than any natural, uncleared areas) in such a manner as to properly control the growth of trees, bushes, brush, grass, hedges and weeds. All landscaping shall be kept trimmed and prevented from becoming overgrown or unsightly. Tree stumps shall be removed or cut off at grade.
Without limiting the provisions of Subsection A, landscaping shall be trimmed around and above driveways and private roads, and all other objects shall be placed, so as to avoid impeding emergency vehicle clearances and access, including access by fire trucks of a size used by the Quogue Fire Department when access via such driveway or private road reasonably would be necessary or desirable in order to fight a fire at a property.
All hedges, bushes, shrubs, grasses, weeds, fences and other obstructions to the clear view of converging vehicular traffic upon that portion of any corner lands lying within a distance of 35 feet from the point of intersection of the two nearest street lines, or lines in prolongation thereof, if the corner is formed by an arc of a curve, of the two intersecting public streets, except at street corners at which traffic control circles or islands are situated, shall be trimmed to a height not in excess of four feet in height above the lowest center line of the adjacent public streets.
With reference to § 130-1 of this chapter, the Board of Trustees may require the owners of the land involved to cut, trim or remove the growth, material or obstruction referred to in said § 130-1 within 10 days after the service of a written notice to such effect upon an owner of the land involved. Upon default in the compliance with such requirement, said Board may cause such growth or material to be cut, trimmed or removed by said Village, and the total cost thereof may be assessed upon the real property on which such growth or material exists or existed, and such assessment shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for collection of delinquent taxes. Such a notice may describe the property as it is described in the last tax assessment roll, and it shall be sufficient to serve the person named in said tax assessment roll as the owner, unless the Village Treasurer or the Village Clerk has been notified, in writing, of a subsequent change of ownership. Service of such notice may be personal or by mail by depositing the same in the Quogue post office, addressed to such owner or person at his last known place of residence. A service on one of two or more owners shall be sufficient notice to all. Such notice shall contain a copy of this chapter.
This remedy or penalty shall be in addition to any other remedy or penalty provided for in this chapter for the violation of any of the provisions thereof.
[Added 9-19-2014 by L.L. No. 2-2014]
It shall be unlawful to clear all or any substantial portion of a parcel of land on which there is no lawfully existing dwelling, building or other substantial improvement unless:
A building permit has been issued for construction of a dwelling or other building on such parcel of land;
A complete Building Department application has been filed for construction of a dwelling or other building on such parcel of land and the Building Inspector has approved the clearing in writing; or
Other good reason exists for such clearing and it has been approved by the Building Inspector in writing or by the Board of Trustees.
The term "clear" shall mean the cutting or removal of all or substantially all of the trees and/or other vegetative growth on land but does not include cutting or removal of weeds, vines, dead plant material and other excess vegetative growth to improve the appearance of a property when significant trees and other plantings will remain.
[Added 3-20-1987 by L.L. No. 1-1987; amended 7-3-2003 by L.L. No. 2-2003]
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.
For each and every violation of this chapter, the person or persons responsible for, causing, permitting, assisting in or refusing to abate or correct such violation shall be subject to a civil penalty not exceeding $1,000 for each and every such violation. The continuation of a violation of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.