[Adopted 10-5-1967 as Ord. No. 4.5
of the Revised Unified Code of Ordinances]
It shall be unlawful for any owner, lessee or occupant of any lot or
land or any part thereof in the Incorporated Village of Garden City to permit
or maintain on any such lot or land any trees, shrubs or bushes or parts thereof
which are or may become infected or infested with caterpillars, tent caterpillars,
insects, worms, maggots, parasites, larvae or grub of lepidopterous insects
or other creeping segmented animals which cause or tend to cause disease,
destruction or damage to such trees, shrubs or bushes by devouring the bark
or foliage thereof and which spread by passing from such trees, shrubs or
bushes to other trees, shrubs or bushes, thereby causing destruction and damage
to the property of others and becoming a public nuisance.
It shall be the duty of any owner, lessee or occupant of any lot or land to destroy and remove, by cutting, burning, spraying, killing or by other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof as often as may be necessary to comply with the provisions of § 188-6 hereof.
A.
If the provisions of the foregoing sections are not complied
with, the Clerk of the village shall serve or cause to be served a written
notice upon the owner, lessee or occupant of any such lot or land, requiring
such owner to comply with the provisions of this Article. If the owner of
such lot or land is a nonresident of the village, the Clerk of the village
shall mail or cause to be mailed such written notice to such owner, addressed
to his last known address as the same may appear upon the last village assessment
roll.
B.
If the person upon whom the notice is served fails, neglects
or refuses to destroy and remove, by cutting, burning, spraying, killing or
other effectual method, all such caterpillars, tent caterpillars, insects,
worms, maggots, parasites, larvae or grub of lepidopterous insects or other
creeping segmented animals which cause or tend to cause disease, destruction
or damage, within five days after such service or mailing of such notice,
the Director of Public Works of the village or other duly appointed officer
or employee of the village shall cause such caterpillars, tent caterpillars,
insects, worms, maggots, parasites, larvae or grub of lepidopterous insects
or other creeping segmented animals to be destroyed or removed by cutting,
burning, spraying, killing or by other effectual method, and the actual cost
of such, or additional cost in connection therewith, shall be certified by
said Director of Public Works or other duly appointed officer or employee
of the village to the Clerk of the village and shall thereupon become and
be a lien upon the property on which such caterpillars, tent caterpillars,
insects, worms, maggots, parasites, larvae or grub of lepidopterous insects
or other creeping segmented animals were located, and shall be added to and
become and form a part of the taxes next to be assessed and levied upon such
lot or land and shall bear interest at the same rate as taxes and shall be
collected and enforced in the same manner as taxes.
[Amended 3-18-1982 by L.L. No. 2-1982]
