[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:
A.
Provide for the planting, trimming, protecting, removing
and preserving of trees and shrubbery in streets, parks and other
public places in the village.
B.
Prohibit any injury, defacement, mutation or destruction
of trees, shrubs or grass plots in public streets and places, parks,
bay-ends or playgrounds.
C.
Furnish and install shade trees between sidewalk line
and curbline.
D.
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.
