Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Westbury, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
No person shall plant, maintain or allow to be planted or maintained upon any property owned by him or under his control any tree, shrub, hedge or other plant of any nature more than three inches in height within five feet of any fire hydrant, or between a fire hydrant and any point on the nearest highway.
No person shall erect or maintain, or allow to be erected or maintained upon any property owned by him or under his control any fence, building or other structure of any nature within five feet of any fire hydrant or between a fire hydrant and any point on the nearest highway.
The provisions of this article shall not apply to any tree, shrub, hedge or other plant, or to any fence, building or other structure already existing on the effective date of this chapter, so long as there is filed with the Village Clerk a certificate signed by the Commissioner of Police and Public Safety stating that the tree, shrub, hedge, plant, fence, building or structure does not constitute an impediment to the use of any fire hydrant and does not render the location of any hydrant more difficult to firemen unfamiliar with it. Such certificate shall specify the height and location with relation to the fire hydrant of the tree, shrub, hedge, plant, fence, building or structure, and shall be valid only so long as there is no increase in said height or change in said location. Nothing herein shall prevent the withdrawal by the Commissioner of Police and Public Safety of a certificate previously filed with the Village Clerk.
In the event that a tree, shrub, hedge, plant, fence, building or structure upon public property is in violation of any provision of this article, whether or not said tree, shrub, hedge, plant, fence, building or structure was established in its location prior to the installation of the fire hydrant near it, the Commissioner of Police and Public Safety is authorized and directed to remove any such tree, shrub, hedge, plant, fence, building or structure.
In the event that a tree, shrub, hedge or other plant located on private property is in violation of any provision of this article, whether or not said tree, shrub, hedge or plant was established in its location prior to the installation of the fire hydrant near it, the Commissioner of Police and Public Safety is authorized and directed:
A. 
To determine whether a certificate of no impediment or difficulty shall be filed pursuant to § 124-5 of this article.
B. 
If he shall determine not to file such a certificate, to require the removal of such tree, shrub, hedge or plant by the owner of the property.
Notwithstanding any other provisions of this article, in the event that a fence, building or other structure on private property is established in its location prior to the installation of the fire hydrant near it, and prior to actual or constructive notice to the owner of the property that said fire hydrant is to be so installed, and prior to such notice to the person establishing or causing to be established the fence, building or other structure in said location, such fence, building or structure shall not constitute a violation of any provision of this article, and removal of said fence, building or other structure shall not be required.
In the event removal of any tree, shrub, hedge, plant, fence, building or other structure is required by the Commissioner of Police and Public Safety pursuant to this article and removal is not accomplished within 10 days by the owner, the Commissioner of Police and Public Safety is authorized to enter upon the property and effectuate the required removal.