[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 1-13-1975 by L.L. No. 1-1975. Amendments noted where applicable.]
It is hereby declared to be the intent and policy of the Incorporated Village of Atlantic Beach, County of Nassau, State of New York, to preserve, protect and maintain the clean and wholesome character of the Incorporated Village of Atlantic Beach, to preserve and maintain the health and welfare of the residents of the Village of Atlantic Beach and its inhabitants.
The following words and phrases shall have the meaning ascribed to them below. All other words and phrases shall have the meaning normally ascribed to them unless a contrary meaning is clearly apparent from the content:
- Any individual, partnership, corporation or unincorporated association.
The Board of Trustees may:
Provide for the planting, trimming, protecting, removing and preserving of trees and shrubbery in streets, parks and other public places in the village.
Prohibit any injury, defacement, mutation or destruction of trees, shrubs or grass plots in public streets and places, parks, bay-ends or playgrounds.
Furnish and install shade trees between sidewalk line and curbline.
Assess the abutting property owners for the cost thereof.
[Amended 10-21-2013 by L.L. No. 4-2013]
Every property owner may plant or remove a tree or trees or shrubbery or both within the limits of the public way with the written permission of the Board of Trustees as long as the planting does not impair the public right of passage.
Every property owner shall remove a diseased or dangerous tree or trees or shrubbery at his own expense. In the event of the failure of any property owner who shall fail to remove such diseased or dangerous tree or trees or shrubbery after receiving written notice by certified mail from the Board of Trustees of the Village of Atlantic Beach for a period of 10 days, the Board of Trustees of the Village of Atlantic Beach or its duly authorized agents, servants or employees, shall have the right to enter upon such land or lot and cause such diseased or dangerous tree or trees or shrubbery to be removed, and the total cost thereof may be assessed upon real property on which such tree or trees or shrubbery are found and such cost shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes; if the owner of such lands or lots is a nonresident, the notice to so remove such dangerous or diseased tree or trees and shrubbery shall be mailed to such owner by certified mail addressed to his last known residence as appears upon the village assessment roll and shall be sufficient service thereof.
[Amended 2-9-1998 by L.L. No. 1-1998; 10-21-2013 by L.L. No. 4-2013]
In addition to any other remedy existing in favor of the Incorporated Village of Atlantic Beach, any person found guilty of failing to remove such diseased or dangerous tree or trees or shrubbery from the land or lots, or of removing any tree or trees or shrubbery or both within the limits of the public way without the permission of the Board of Trustees, shall be punished by and subject to a fine of not more than $1,000 or imprisonment not to exceed 15 days, or both, for each violation.