[HISTORY: Adopted by the Common Council of the City of Amsterdam: Art. I, 2-21-1922; Art. II, 3-4-1969. Amendments noted where applicable.]
It shall hereafter be unlawful to plant poplar trees within 100 feet of any public street or alley or of any sewer or water main of the City of Amsterdam.
All poplar trees now standing within 100 feet of any sewer or water main in the City of Amsterdam shall be cut down within three years and after being cut down shall not be allowed to grow again.
The Director of Public Works is hereby authorized, empowered and directed to cause to be served upon the owner of any premises having thereon any tree or trees, the roots of which, in the opinion of the Commissioner, have clogged any sewer or water main of the City of Amsterdam, a notice, in writing, directing said owner to remove said tree or trees within 30 days after the receipt of said notice. Such notice may be served by delivering the same personally to such owner or by leaving the same with any person of suitable age and discretion residing at or upon said premises or by affixing the same to said premises at any conspicuous place thereon.
If, at the expiration of the period mentioned in § 221-3 hereof, the owner of said premises shall not have removed said tree or trees or caused the same to have been removed, the Director of Public Works is hereby authorized, empowered and directed to enter upon said premises and remove said tree or trees. The Director of Public Works shall thereupon mail to the owner or agent of said premises at his last known place of address a statement of the cost and expense of removing such tree or trees, with the demand that the owner pay to the City Treasurer of the City of Amsterdam, within 30 days of the date of such statement, the amount thereof. If such amount shall not have been paid within said 30 days, the cost and expense of doing such work may be collected in an action at law.
As used in this article, the following terms shall have the meanings indicated:
- Shall include private land and also that portion of land located within the lines of the streets and public ways of the city and which are subject to a public easement for streets, public ways and sidewalks. Trees, shrubs and other plants shall include those located on any land as hereinabove defined.
- Shall include the person or persons vested with the legal title of an estate for life or fee simple in the land upon which any tree, shrub or plant is located in the city and also shall include any person or persons having an interest or easement, qualified or otherwise, in any tree, shrub or bush in the city.
No tree, shrub or other plant on any land in the City of Amsterdam shall be permitted by the owner thereof to interfere with or obstruct the lawful use of sidewalks and streets by persons and vehicles.
It shall be unlawful for any owner of any premises abutting on or adjacent to any public street or public place in the City of Amsterdam to permit or maintain any tree on his premises in an unsafe condition which becomes or is rotten, decayed or dangerous, so as to endanger the health, safety or welfare of the public. All such trees are hereby declared to be so endangering to the health, safety and welfare of the public.
It shall be the duty of every owner of land in the City of Amsterdam to trim and remove any tree, shrub and other plant or any limb or branch thereof which exists in a condition not permitted by the foregoing §§ 221-15 and 221-16, whether such tree, shrub or plant or any limb thereof is located on the land of such owner or in front of such land within the lines of the streets and public ways of the city.
The Director of Public Works is hereby empowered to enter upon any public or private land within the city and to trim and remove or cause to be trimmed or removed any tree, shrub or other plant or any limb or branch thereof which exists in a condition that violates this article. If the condition is such that immediate trimming or removal is necessary for the public safety and welfare, the Director of Public Works may enter upon any such land without giving the notice herein provided.
The Commissioner of Public Safety may cause to be served upon the owner of any land, tree, shrub or other plan that exists in violation of this article a written notice requiring such owner to comply with the provisions of this article. If such owner is a nonresident of the City of Amsterdam, such notice shall be mailed to the last known address of the owner and, in addition thereto, served upon any lessee, occupant or any person having the care or control of such land, tree, shrub or other plant. In the event that the owner fails, neglects or refuses to cause such tree, shrub or other plant to be trimmed and removed within a period of 10 days after the service of the notice, then the Director of Public Works shall cause the same to be trimmed or removed, and the cost of such trimming and removal, plus 5% for inspection and other additional costs in connection therewith, shall be certified by the Commissioner to the City Treasurer and shall thereupon become and be a lien upon the land of the owner upon which such work was done and shall be added to and become a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes. The Commissioner may contract for such trimmings and removal to be done under the supervision of the City Engineer.
Any person who shall neglect to cut or remove trees as directed in accordance with this article or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall violate any of the provisions of this article or who shall resist or obstruct the Director of Public Works or his employees in the cutting and removal of trees shall be and hereby is declared to be a disorderly person and, upon conviction thereof, shall be subject to a fine not in excess of $50. Each day that a violation continues shall be deemed a separate offense.