It shall be unlawful for any owner of any occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land any trees, shrubs or bushes or parts thereof which are 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 unsightly and a public nuisance.
It shall be the duty of the 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 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 the preceding section.
If the provisions of the foregoing sections are not complied with, the Clerk shall serve or cause to be served a written notice by mail upon the owner of any such lot or land, requiring such owner to comply with the provisions of this article. If the person upon whom notice is served 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 insect or other creeping segmented animals which cause or tend to cause disease, destruction or damage, within five days after service of such notice, the Engineer or other duly appointed officer or employee of the City 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 thereof and any other additional cost in connection therewith shall be certified by the Engineer or other duly appointed officer or employee of the City to the Assessor of the City and shall thereupon become and be a lien upon the lot or land on which such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented 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. The assessment of the cost of the work done by the City against the property involved shall be in addition to the penalties imposed herein for any violation of or noncompliance with any provision of this chapter or any rule, regulation, order or special direction duly made thereunder.
[Amended 7-20-1960]
The Common Council of the City of Rye hereby elects to exercise and enjoy, by its appropriate officers and employees, the powers and immunities prescribed and granted in Sections 164, 165 and 167 of Article 14 of the Agriculture and Markets Law with respect and in regard to the Dutch elm disease within the limits of said City.
[Added 8-15-1962 by Ord. No. 9-1962]
Where a tree, shrub or bush located on private property in the City of Rye is infected or infested with Dutch elm disease or any other disease which causes or tends to cause destruction or damage to the property of others, the City Clerk shall serve a written notice by mail upon the owner of such property, as it appears on the assessment roll of said City, requiring said owner to remove said tree, shrub or bush, and upon failure to do so within 30 days after service of said notice or within such additional time as may be permitted by the City Engineer, the Engineer shall cause such diseased tree, shrub or bush to be removed, and the actual cost of such removal, plus the reasonable cost for inspection, notification, advertising and other additional costs in connection therewith, shall be certified by the Engineer to the Assessor of the City and shall thereupon become and be a lien upon the property on which such tree, shrub or bush was located, and shall be added to and become and form part of the taxes next to be assessed and levied upon such property and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes. The assessment of the cost for the work done by the City against the property involved shall be in addition to the penalties imposed herein for any violation of or noncompliance with any provision of this chapter or any rule, regulation, order or special direction duly made thereunder.