It shall be unlawful for any owner of any occupied
or unoccupied lot or land or any part thereof in the Village to permit
or maintain on any such lot or land, any trees, shrubs or bushes or
parts thereof which are or may become infected or infested with caterpillars,
tent caterpillars, insects, worms, maggots, parasites, larvae or grub
of lepidopterous insects or other creeping segmented animals which
cause or tend to cause disease, destruction or damage to such trees,
shrubs or bushes by devouring the bark or foliage thereof; and which
spread by passing from such trees, shrubs or bushes to other trees,
shrubs or bushes, thereby causing destruction and damage to the property
of others and becoming an unsightly and public nuisance.
It shall be the duty of any owner of any lot or land to destroy and remove by cutting, burning, spraying, killing or by other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof as often as may be necessary to comply with the provisions of § 88-3.
If the provisions of §§ 88-3 and 88-4 are not complied with, the Clerk of the Village shall serve or cause to be served a written notice upon the owner of any such lot or land requiring such owner to comply with the provisions of such sections. If the owner of such lot or land is a nonresident of the Village, 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 any record in the office of the Clerk or in the office of the Treasurer of the Town of Ossining and Village.
If the person upon whom notice is served or mailed to, pursuant to § 88-5, fails, neglects or refuses to destroy and remove by cutting, burning, spraying, killing or by other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tend to cause disease, destruction or damage within five days after such service or mailing of such notice, the Superintendent of Public Works or other duly appointed officer or employee of the Village shall cause such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub lepidopterous insects or other creeping segmented animals to be destroyed and removed by cutting, burning, spraying, killing or by other effectual method, and the actual cost of such, or additional cost in connection therewith shall be certified by the superintendent of public works or other appointed officer or employee of the Village, to the Clerk of the Village and shall thereupon become a lien upon the property on which caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping animals were located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
Any owner who shall neglect to destroy and remove by cutting, burning, spraying, killing or by other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals as directed in § 88-4 or shall fail, neglect or refuse to comply with the provisions of any notice provided for in § 88-5 or who shall violate any of the provisions of §§ 88-3 through 88-6, or who shall resist or obstruct the Superintendent of Public Works or other employee of the Village in destroying and removing by cutting, burning, spraying, killing or by other effectual method of such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals shall, upon conviction thereof, be subject to punishment as provided in Article III of this chapter.
