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Town of Farmington, NY
Ontario County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Farmington 9-9-2003 by L.L. No. 8-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 112, Property Maintenance, which consisted of Art. I, Subdivision Lawn Mowing, adopted 6-14-1988 by L.L. No. 5-1988 (Ch. 7, Art. I, of the 1969 Code).
The purpose of this chapter is to control the spread of weeds to surrounding lots and the spread of allergy-irritating pollen to adjoining lots, to protect property values, to prevent blight and the spread thereof and to ensure Town-wide, uniform yard maintenance standards that will promote the health, safety and general welfare of the residents and business owners in the Town of Farmington, their employees, patrons, guests and invitees and any travelers within the Town of Farmington.
A. 
The owner of every improved lot within the Town of Farmington and the owner of every vacant lot that is adjacent to a subdivision lot on which an occupied residence is located in a subdivision, approved by the Town of Farmington Planning Board, shall maintain such lot to ensure that no growth of weeds or grass shall exceed six inches in length or height and to ensure that there is no accumulation of dead weeds, grass or brush.
B. 
The owner of every improved lot within the Town of Farmington and the owner of every vacant lot that is adjacent to a subdivision lot on which an occupied residence is located in a subdivision, approved by the Town of Farmington Planning Board, shall maintain such lot to ensure that all hedges, bushes and trees are kept trimmed and free from becoming overgrown and unsightly where exposed to public view or where the same may constitute a blighting factor thereby depreciating adjoining property.
C. 
It is prohibited to allow hedges, shrubs or trees to encroach onto public sidewalks and lines of sight of public roadways.
The Town of Farmington Code Enforcement Officer is hereby charged with the responsibility and duty to administer and enforce this chapter.
A. 
If the provisions of the foregoing sections are not complied with, the Town of Farmington Code Enforcement Officer shall serve, by regular, first class mail, written notice upon the owner, occupant or any person having the control of any such lot or land of such violation of this chapter and which advises such owner, occupant or person having the control of any such lot or land to comply with the provisions of this chapter within 10 days of the date such notice of violation is mailed.
B. 
If the person upon whom the notice is served fails, neglects or refuses to cure the violation within 10 days of the date such notice is mailed, or if no person can be found in the Town of Farmington who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Town of Farmington Code Enforcement Officer shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal plus a service charge of 50% thereof to cover the cost of supervision and administration shall be certified by the Town of Farmington Code Enforcement Officer to the Town Supervisor and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. The expense, so assessed, 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 in the same manner and at the same time as other Town taxes and charges.
C. 
The owner, occupant or any person having control over any lot, land or property found in violation of this chapter shall be notified in writing only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same year shall be corrected by the Town or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. The costs incurred by the Town in curing any subsequent violations shall be collected in the same manner as set forth in Subsection B of this section.