[Amended 9-18-2024 by L.L. No. 13-2024]
It shall be unlawful for any owner, tenant, occupant or other person legally in possession 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.
[Amended 9-18-2024 by L.L. No. 13-2024]
It shall be the duty of any owner, tenant, occupant or other person legally in possession 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 § 88-1.
[Amended 9-18-2024 by L.L. No. 13-2024]
If the provisions of §§ 88-1 and 88-2 are not complied with, the Superintendent of Public Works or the Building Inspector shall send by certified mail a written notice to the owner, tenant, occupant or person legally in possession of any such lot or land requiring such person to comply with the provisions of such sections within 10 days after the written notice is mailed. Notice shall be mailed to the owner at the last known address as the same appears on the assessment rolls of the Village and, where applicable, to the last known address of any tenant, occupant or other person legally in possession of the real property.
[Amended 9-18-2024 by L.L. No. 13-2024]
If the person upon whom notice is served or mailed to, pursuant to § 88-3, 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 5 days after such service or mailing of such notice, the Superintendent of Public Works or the Building Inspector 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. Within 10 days of the completion of the work described in this section the Superintendent of the Department of Public Works or the Building Inspector shall send a notice of proposed assessment of costs to the owner, tenant, occupant or other person legally responsible for the property by certified mail detailing the amount and purpose of the proposed assessment for the work performed; the date, time and place the Board of Trustees will meet to hear and determine all objections to the proposed assessment and assess an amount found to be just and reasonable, not exceeding in the event of default the amount in the notice. The notice of proposed assessment of costs will include the actual cost for the work performed plus an administrative charge of 20%. The notice will include a statement that if the amount so assessed is not paid to the Village Treasurer within 30 days of the Board of Trustees' determination, an action to recover the amount may be maintained by the Village against the property owner; or a special warrant may be issued as directed by the Board of Trustees; or the amount of the assessment may be included in the next annual tax levy to be collected and enforced in the same manner as property 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.