[HISTORY: Adopted by the Town Board of the Town of Wheatland 10-23-1969
by L.L. No. 3-1969 (Ch. 70 of the 1980 Code). Amendments
noted where applicable.]
The Town Board of the Town of Wheatland, pursuant to the authority contained
in the Municipal Home Rule Law, may require the owners, lessees, tenants or
licensees of land to cut, trim or remove brush, grass, rubbish, garbage or
weeds, creating a fire or rodent hazard or otherwise affecting the public
health, welfare or safety.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes waste metal, tin cans, ashes, cinders, glass, pottery, waste
food, papers, dead animals or parts thereof, wood, lumber or vegetable matter
of any kind or any other matter which shall be inflammable or capable of fermentation,
evaporation or decay.
No person shall permit brush, grass or weeds to grow in the Town of
Wheatland unless said brush, grass or weeds are properly controlled and trimmed
so as to prevent fire hazards and dangers to the public health, welfare and
safety. No person shall permit rubbish of any nature, type or description
to accumulate in such a manner as to create a fire or rodent hazard or otherwise
endanger the public health, welfare and safety.
A.
Upon the failure of any person to remove, trim or control
such brush, grass, rubbish or weeds, the Town Board shall cause written notice
to be served on such person and on the owner of the real property demanding
that such action be taken within 15 days. Such notice may be served in writing,
by certified mail, forwarded to the person and the owner of the real property
affected. If such person or owner cannot be located, then such certified mail
shall be forwarded to the last known address of the owner of the real property
as shown on the rolls of the Wheatland Tax Assessor.
B.
Upon default, the Town shall cause such brush, grass,
rubbish or weeds to be cut, trimmed, removed or otherwise controlled and the
total cost shall be assessed upon the affected real property and shall constitute
a lien and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged, and shall be collected by the Town Tax
Collector in the manner provided by law for the collection of taxes.
[Added 2-1-2007 by L.L. No. 1-2007]
The provisions of this chapter shall be enforced by the Town Building
Inspector according to the New York State Uniform Fire Prevention and Building
Code.
[Added 2-1-2007 by L.L. No.
1-2007]
In addition to assessment of costs and lien provided for in § 103-4, any person, firm or corporation committing an offense against any provision of this chapter shall be punishable as provided by the general penalty provisions of Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Town of Wheatland.
