[HISTORY: Adopted by the Board of Trustees
of the Village of Carthage 10-21-1985 by L.L. No. 14-1985. Amendments noted
where applicable.]
[Amended 6-20-2005 by L.L. No. 3-2005]
It shall be unlawful for any owner, lessee or
occupant or other agents, servers, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied building, lot or plot of land or any part thereof in any
developed section of the Village of Carthage, to permit or maintain
on any such lot or plot of land or the area between the building line
and the road line or, in the event of a lot with no building on it,
for a distance of 20 feet from the edge of the road right-of-way,
any growth of weeds, grass or other noxious vegetation to a height
of more than 12 inches, on average, on a vacant lot or to a height
greater than eight inches on average on an improved lot or an accumulation
of dead weeds, grass or brush. Further, such owner or occupant as
described above shall keep grass mowed and brush clean within 10 feet
of adjoining property lines. It shall be unlawful for any such person(s)
to cause, suffer or allow poison ivy, ragweed or other poisonous plants
which could be detrimental to health to grow on any such lot or plot
of land in such a manner that any part of such poison ivy, ragweed
or other such poisonous weed shall extend upon, overhang or border
any public place. These provisions shall not apply to areas that historically
have not been mowed for at least two years prior to enactment of this
section.
[Amended 11-17-2008 by L.L. No. 3-2008]
It shall be the duty of any owner, lessee or occupant of any lot or plot of land in the Village of Carthage to cut and/or remove or cause to be cut and/or removed all weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 45-1 of this chapter, provided that cutting or removing such weeds, grass and vegetation at least once in every three weeks between May 15 and November 1 shall be deemed to be compliance with this chapter.
It shall be unlawful for any person, either
as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit,
or cause or permit to run, drop or remain or to be thrown, cast or
deposited, in or upon any vacant lot of land or vacant place, upon
the surface of any lot of land, enclosed or otherwise, within the
Village of Carthage, except at such place or places designated or
provided by the Board of Trustees of the Village of Carthage, New
York, any waste, leaves, brush, hay, weeds, straw, litter, wastepaper,
boxes, shavings or any filthy, combustible or flammable materials,
rubbish, garbage or dirt whereby a fire hazard, danger or risk is
or may be engendered or injuriously effected or whereby the premises
of another, or the enjoyment of the premises of another, are or may
be injured, damaged, interfered with or prejudiced. Nothing in this
section shall be construed as to prohibit the depositing of manure
upon any private property for the purpose of cultivating the same.
A.
If the foregoing sections are not complied with, the Police Chief
and/or the Code Enforcement Officer shall serve written notice, either
personally or by certified mail or by any other method of service
as provided for in the Civil Practice Law and Rules, upon the owner,
lessee, or occupant or any persons having care and control of any
such lot or land to comply with the provisions of this Chapter.
[Amended 9-19-2016 by L.L. No. 8-2016]
B.
If the person upon the notice is service fails, neglects,
or refuses to cut, remove, or to cause to be cut and remove such weeds,
grass or other vegetation within five days after receipt of such notice,
or if not person can be found in the Village who either is or claims
to be the owner of such lot or land or who either represents or claims
to represent the owner, the Police Chief, the Code Enforcement Officer
or Department of Public Works (DPW) Superintendent shall cause such
weeds, grass or other vegetation on such lot to be cut and removed.
The actual cost of such cutting and removal shall be certified to
the Village Treasurer and shall thereupon become a lien upon the property
upon which such weeds, grass or other vegetation is located and shall
be added to and become a lien and form 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 by the
same officer and in the same manner as taxes. The current cost for
removal if done by the DPW shall be $100 per hour, whichever is more.
[Amended 6-15-2009 by L.L. No. 5-2009; 9-19-2016 by L.L. No. 8-2016]
C.
In addition to any actual expenses incurred by the
Village for the removal of weeds, grass or other vegetation, the Village
may also add as a special assessment to the next Village tax bill
an administrative fee of $50 for the first such occasion that weeds,
grass or other vegetation has to be removed, $150 for a second occasion
within the same calendar year and $250 for a third or subsequent violation
within the same calendar year.
[Added 9-17-2007 by L.L. No. 8-2007]
[Amended 8-5-1991 by L.L. No. 2-1991]
Any person committing an offense against any provision of this chapter shall be subject to the penalties set forth in Chapter 5 of the Code.
