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.