[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 198 of the 1983
Code; amended in its entirety 1-21-1997 by L.L. No. 3-1997. Subsequent amendments
noted where applicable.]
A.Â
The owner, lessee or occupant of any house or other building or vacant
lot or land fronting on, abutting or adjoining any street or roadway
shall, at his or her charge, cost and expense, keep and maintain all
trees, hedges and shrubbery located on such property up to the edge
of said property, including any property upon which the owner has
granted an easement or right-of-way but to which property the owner
retains ownership subject to such easement or right-of-way.
B.Â
Correction of dangerous condition. Any tree, hedge, shrub or other
planting which endangers or may endanger users of the public right-of-way
shall be properly trimmed, relocated, removed or secured by the owner
of the property on which the same is located so as to eliminate the
danger of nuisance, irrespective of the granting of easements or licenses
of lands to others, provided that title to the land upon which such
trees, hedges, shrubs or other plantings are located remains in the
owner.
C.Â
Any tree, hedge, shrubbery or planting which is on property to which
title or ownership, other than by way of easement or right-of-way,
is in a governmental body, including the Village of East Hills, the
Town of North Hempstead or the County of Nassau, shall be maintained
by the governmental body having jurisdiction thereof and not by the
property owner of the lands adjacent thereto.
Whenever the Superintendent of Public Works or Code Enforcement
Officer of the Village shall determine that the condition of such
trees, hedges, shrubbery or other plantings, or any part thereof,
is such as to require trimming, pruning, removal or other care, he
or she shall notify the owner of the property upon which such trees,
hedges, shrubbery or other plantings are located, in writing, sent
by registered mail, return receipt requested, as to the condition
complained of and the work required to be done and shall enclose a
copy of this chapter. Thereupon said owner shall cause said work to
be done within 14 days after the date of mailing of such notice. In
the event that said work shall not have been completed within the
designated time, then, unless the time for doing the same shall have
been extended, in writing, by the Superintendent of Public Works or
the Code Enforcement Officer, said work shall be done by the Department
of Public Works of the Village, and the entire cost and expense thereof
shall, as hereinafter provided, be assessed by the Board of Trustees
of the Village against the property on which said trees, shrubbery
or other plantings are located.
Upon the completion of any work pursuant to § 187-2, the Superintendent of Public Works or the Code Enforcement Officer shall file in the office of the Clerk of the Village a true copy of the notice sent to said owner, together with any receipt issued by the post office, together with a statement setting forth the actual and complete cost of the doing and completion of said work. The Board of Trustees shall thereupon cause said amount to be added to and made a part of the annual taxes for the next ensuing fiscal year against said property, and the same shall be a lien against said property as of the day when said statement is filed by the Superintendent of Public Works or the Code Enforcement Officer with the Village Clerk and, unless sooner paid, shall be collected in and with and as part of the annual taxes for such fiscal year, together with interest at the prime rate of interest for New York commercial banks plus 1% per annum from the lien date to the date of payment thereof.
