For the purposes of this chapter, certain words
used herein are defined as follows:
A manufactured barrier which may or may not be of solid construction.
A fence, wall or other structure erected to indicate the
boundary of a property. This may include hedges, shrubs or other living
vegetation.
A solid manufactured barrier.
A.
Any owner, lessee or person aggrieved by any notice
served upon him by the Superintendent of Construction, with respect
to any fence, wall or other property demarcation, may make application
to the Board of Zoning Appeals, within 10 days after such order has
been served upon him, to revoke such notice or for other relief.
B.
The operation of any notice served shall be suspended
pending the hearing thereof by the Board of Zoning Appeals, and all
operation or contemplated action with reference to a fence, wall or
other property demarcation, except as herein set forth, shall also
be suspended.
C.
The Board of Zoning Appeals may confirm, revoke or
modify any such notice and may impose such conditions as it deems
necessary in the premises.
The failure to comply with any provisions of
this chapter within 10 days after a notice is served by the Superintendent
of Construction, when no appeal is taken therefrom or within 10 days
after an order has been made by the Board of Zoning Appeals affirming
said notice or modifying the same on appeal, shall be deemed a violation
of this chapter.
A.
If any owner or lessee of land, or the agent of such
owner or lessee having control thereof, fails to comply with the order
served upon him as aforesaid with respect to the same or, if no person
can be found in the village who is or claims to be the owner, lessee
or agent in control of such land, the Superintendent of Construction
may cause a hedge to be cut and trimmed or otherwise made to conform
to this chapter, may cause the dried grass, dried leaves or other
dried material to be removed, may cause a hedge which exceeds the
maximum size to be cut and trimmed to conform to this chapter and
may cause all fences, walls or other property demarcations erected
to conform to this chapter.
B.
The actual cost of any and all such work performed
by the village, plus an additional charge of 5% for the cost of inspection,
shall be certified by the Village Clerk to the Board of Trustees.
and the amount so certified shall thereupon become and be a lien upon
the property affected and shall become a part of the taxes next to
be assessed and levied on such land, to be collected and enforced
in the same manner as taxes.
A.
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 $250 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.
B.
Wherever a notice shall have been made as herein provided,
each day that such violation continues after the date specified in
such notice shall constitute a new offense, and such offenses may
be separately prosecuted.
