Brush, grass and weeds — See Ch. 95.
Fences — See Ch. 117.
Solid waste — See Ch. 209.
Streets and sidewalks — See Ch. 214.
ARTICLE IMaintenance on Streets and Public Places (§ 231-1 — § 231-10)
ARTICLE IIRemoval of Trees, Limbs and Branches (§ 231-11 — § 231-16)
§ 231-1Permission required for trimming.
§ 231-2Private trees projecting onto public property.
§ 231-3Planting on streets.
§ 231-4Fastening animals to trees.
§ 231-5Attachment of wires.
§ 231-6Location of electric wires.
§ 231-7Removal and trimming.
§ 231-8Performance of work by village; costs; service of notice.
§ 231-9When notice required.
§ 231-10Penalties for offenses.
No person shall trim or injure in any way any living ornamental or shade tree that is located in any street or public place within the Village of Blasdell without the consent of the owner of the immediately adjoining property and the written permission of the Board of Trustees.
Where trees located on private property project in such a manner as to obstruct public walks or streets, the owner shall properly trim or remove the same upon notice from the Board of Trustees.
If within 10 days, the other from the Board is not complied with, the work shall be done by or under the direction of the Superintendent of Public Works, and the expense of so doing shall be a lien upon the property if not paid into the village treasury.
All trees planted on the streets of the Village of Blasdell shall be of the variety and placed in such a manner and at such points as the Board of Trustees may direct. The Board of Trustees may authorize the Planning Commission to supervise the selecting and planting of such trees.
No person shall hitch or fasten a horse or other animal to any tree or shrub in any street or public place nor cause a horse or other animal to stand where a tree or shrub may be injured by said horse or other animal.
No person shall attach any swing, electric wire, guy wire, insulator or other device for the holding of wire to any tree along any street or in any public place in the Village of Blasdell without the written consent of the Board of Trustees.
Every person, firm or corporation running any wire intended for the conveyance of electricity along or upon any street or public place shall locate the same and from time to time so change the location thereof as may be directed by the Board of Trustees in order to avoid injury to trees.
The Superintendent of Public Works may be authorized by the Board of Trustees to cut down and remove or trim and prune any tree in any street or public place if the Board determines that such trimming or removing is for the public interest.
If any such person or persons, firm, association or corporation owning such land shall, after 10 days' written notice to do so, fail or neglect to cut down and remove or trim and prune any tree in any street or public place so growing or existing upon the land owned by him, it or them, the Board of Trustees of the Village of Blasdell may cause such work to be done and assess the expense thereof upon such land, and said expenses shall be assessed and taxed to said property pursuant to § 1400 et seq. of the Real Property Tax Law and assessed in addition to all regular, usual and other taxes assessed to said property, pursuant to § 1400 et seq. of the Real Property Tax Law of the State of New York.
The notice herein required to be given by this section hereof may be served by mailing such notice to such owner, addressed to his, her or its last known address.
The notice provided for in § 231-8 hereof shall only be necessary in the case in which the village desires to do the work and assess the expense thereof upon such land, but no notice shall be required from the village in order to make any owner of such land guilty of violation of this article.
Any violation of any of the provisions of this article and any interference with the Superintendent of Public Works in the performance of any duty imposed upon him by this article shall be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
Every conviction hereunder shall constitute disorderly conduct.
§ 231-11Duty of owner.
§ 231-12Enforcement; notice of noncompliance and right to petition.
§ 231-13Hearing; remediation; issuance of order.
§ 231-14Performance of work by village.
§ 231-16Penalties for offenses.
It shall be the duty of every owner, occupant or person having charge of lands within the Village of Blasdell to cut down all overgrown trees, tree limbs and/or branches and shrubbery or other vegetation and to remove or cause to be removed the foregoing on said land as may be necessary to maintain the safety, health, well-being and property value of any adjacent landowner within the Village of Blasdell.
It shall be the duty of the Code Enforcement Officer to ensure that the provisions of this article are enforced. When violations of this article are deemed to exist, the Code Enforcement Officer shall notify the owner, occupant or person having charge of such land of a violation of § 231-11 of this article. Such notice shall give the owner, occupant or person 10 days to comply with this article by removing or repairing or causing to be removed or repaired the tree, tree limb, branch, shrub or other vegetation, along with notice of the right to petition the Village Board of Trustees as provided for in § 231-13 of this article.
The property owner or other entity so cited in accordance with § 231-12 of this article may petition the Village Board in writing within the aforesaid ten-day period, for an evidentiary hearing before the Village Board of Trustees to contest the determination of the code Enforcement Officer or to offer a plan of remediation that may require action by the individual or entity cited which, with all due diligence, cannot be accomplished within the aforesaid ten-day period. The Village Board of Trustees mar make such findings and recommendations, consistent with its statutory responsibilities, as circumstances warrant and shall issue an order upon notice to the petitioning party.
In the event that the owner or other entity as specified in § 231-11, receives an order from the Village Board of Trustees to correct the violation and does not comply therewith, the Code Enforcement Officer shall engage the services of a private contractor to perform the necessary work. The Code Enforcement Officer shall charge and bill the owner or responsible entity for the cost of such services. At the discretion of the Village Board of Trustees, the Village Department of Public Works may be utilized to undertake the remedial work, in which case a charge shall be made to cover the cost of incurred and accomplished work required. The cost incurred in enforcing this article as levied shall be added to the next assessment roll for village taxes against the taxable parcel(s) upon which is situated the tree, tree limb, branch, shrubbery or other vegetation and shall be collected and enforced in the same manner as other taxes for the parcel(s).
In any emergency where it reasonably appears that there is present a clear and imminent danger to the life, safety and property of any adjacent property owner as a result of the conditions enumerated in § 231-11, the Village Board of Trustees may, by resolution, authorize the Code Enforcement Officer or other Village agents to immediately cause the removal or repair of any tree, limb, tree branch, shrubbery or other vegetation. The expenses of said removal or repair shall be recovered as provided for in this article.
Any person or entity upon whom a notice as provided in this article has been served, and who fails, neglects or refuses to take such remedial action as may be directed by the Village Board of Trustees, as designated in its order, shall commit an offense in violation of this article and shall, upon conviction, be guilty of a violation of the Penal Law of the State of New York, punishable by a fine of $250 or by imprisonment of not more than 15 days, or both such fine and imprisonment. Each week that such offense continues shall constitute a separate violation. Any fines imposed hereunder shall be an addition to any costs otherwise incurred by the village in enforcing the provisions of this article of the Village Code.