Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 6-16-2003 by L.L. No. 3-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage control — See Ch. 73.
Open burning — See Ch. 85.
Trees and shrubs — See Ch. 197.

§ 108-1 Purpose.

This chapter is intended to enhance the physical and visual environment of the Town of Tonawanda, outside the Village of Kenmore, and to preserve and promote the safety, health and well being of persons and property in the Town of Tonawanda, outside the Village of Kenmore. In order to meet this objective, this chapter is designed to prohibit and to otherwise regulate the excessive growth of grass, weeds and plant growth consistent with other laws of the Town of Tonawanda and the Constitution of the State of New York.

§ 108-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated. All other terms have the meanings ascribed to them in regular usage.
GRASS, WEEDS or PLANT GROWTH
All grasses, annual plants, trees or vegetation that are harmful to the public welfare, including stumps, roots, filth, garbage, or trash. The term "grass, weeds and plant growth" shall not include cultivated flowers, healthy trees, shrubs, or gardens.
NOXIOUS WEEDS
Plant growth deemed by the Town of Tonawanda Code Enforcement Officer as potentially dangerous to the public welfare, or such plant growth that is an unattractive public nuisance or grows in an undesirable location.
[Amended 3-26-2007 by L.L. No. 2-2007]

§ 108-3 Applicability.

This chapter shall apply to every owner of any parcel of real property located in the Town of Tonawanda, exclusive of the Village of Kenmore.

§ 108-4 Cutting or removal of brush, grass, weeds, plant growth and debris required.

Every owner of any parcel of real property located in the Town of Tonawanda shall cut, trim or otherwise remove or cause to be cut or trimmed or otherwise removed all grass, weeds, or plant growth in excess of 10 inches (254 mm). It shall be the duty of any owner of any parcel of real property in the Town of Tonawanda to prevent the growth of grass, weeds, plant growth accumulation or debris thereon as shall constitute a health hazard, fire hazard, safety or traffic hazard, or public nuisance.

§ 108-5 Noxious weeds.

Noxious weeds shall be prohibited on any parcel of real property in the Town of Tonawanda.

§ 108-6 Enforcement officer.

[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer is hereby charged with the responsibility and duty to enforce this chapter.

§ 108-7 Notice of violation.

A. 
In the event that the Code Enforcement Officer determines that the provisions of this chapter are being violated by an owner of any parcel of real property in the Town of Tonawanda, exclusive of the Village of Kenmore, he or she shall serve written notice of such violation on the owner of the parcel of real property in question. The identity of the owner of the parcel of real property in question shall be determined by the record owner designated in the most recent assessment rolls on file in the Town of Tonawanda Assessor's Office.
[Amended 3-26-2007 by L.L. No. 2-2007]
B. 
Written notice may be given by registered mail addressed to the owner of the parcel of real property in question together with posting at the parcel of real property in question or by personal delivery to the owner. Service shall be deemed complete upon the deposit of the registered mailing in a postpaid envelope and the posting at the real property in question and, if by personal delivery, upon the delivery of notice in person to the owner of the parcel of real property.
C. 
Such notice shall specify the violation(s) as determined by the Code Enforcement Officer and shall direct the owner of the parcel of real property in question to remedy the violation(s) and bring the parcel of real property into compliance with the provisions of this chapter within 10 calendar days of service of notice.
[Amended 3-26-2007 by L.L. No. 2-2007]

§ 108-8 Compliance required.

An owner of any parcel of real property upon whom notice has been served to cut, trim, or remove such grass, weeds or plant growth and who, for 10 calendar days after service of notice, shall neglect or fail to comply with the provisions of any such notice shall be deemed to be in violation of this chapter.

§ 108-9 Removal by Town.

[Amended 3-26-2007 by L.L. No. 2-2007; 11-21-2016 by L.L. No. 3-2016]
A. 
If, after the expiration of 10 calendar days from the date of service of notice as provided in § 108-7, the owner shall fail to comply with the requirements of § 108-4 of this chapter, the Code Enforcement Officer, his or her designee or any contractor hired by him or her, shall have the power to enter upon the parcel of real property in violation to cut, trim, or remove such grass, weeds and plant growth which are determined to violate the provisions of this chapter. The expense incurred to cut, trim or remove such grass, weeds and plant growth shall be the responsibility of the owner of the parcel of real property in question and shall be paid by such owner within 30 calendar days of the mailing to such owner by the Code Enforcement Officer of a statement detailing the expense for the same. In the event the owner fails to pay said expense within 30 calendar days, the expense thereof shall become a lien upon the parcel of real property in question and shall be added to and become part of the taxes next so assessed, by including such expense in the next annual tax levy against the parcel of real property in question and shall bear interest at the same rate as taxes and shall be collected in the same manner as general Town taxes.
B. 
The cost for removal by the Town shall be as follows:
(1) 
The cost of labor, machinery and materials of the Town or the cost of services of an independent contractor. In addition, a surcharge of $100 to reimburse the Town for the cost of supervision and administration.
(2) 
The above said cost and surcharge shall be levied upon the property or premises which are the subject of the enforcement action and shall be collected in the same manner as Town taxes and assessments.

§ 108-10 Penalties for offenses.

Any person committing an offense against this chapter or any section or provision hereof is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.