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.