[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 12-17-1984 as L.L. No. 3-1984. Section
23-4C(3) amended and § 23-6 added at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It is hereby declared to be the policy of the Village Board to provide
for the proper use of developed land to prevent an unhealthful, hazardous
or dangerous condition due to the accumulation of brush, rubbish or weeds
or growth of poisonous shrubs or weeds or the presence of unsafe and/or dead
trees on developed lots, developed property, developed land or undeveloped
land within the village and to protect the public health, safety and general
welfare of the residents of this village.
As used in this chapter, the following terms shall have the meanings
indicated:
Any parcel or tract of land upon which a structure of any nature
or kind has been erected or placed.
Any tract or parcel of land which is not developed.
A.
It shall be the duty of every person or persons, society,
firm, association, partnership or corporation owning any developed lot, developed
property or developed land within the limits of the Village of Sylvan Beach,
Oneida County, New York, to cut, trim or remove or cause to be cut, trimmed
or removed unsafe and/or dead trees, brush, grass, rubbish or weeds growing
or existing on such developed lot or developed property and/or to spray with
herbicides, cut, trim, remove, destroy or cause to be sprayed with herbicides,
cut, trimmed, removed or destroyed poisonous shrubs or weeds or unsafe and/or
dead trees growing or existing on such developed lot or property and to keep
such developed lot or developed property substantially free from the presence
thereon of unsafe and/or dead trees, growing weeds, brush, rubbish and poisonous
shrubs or weeds.
B.
It shall be the duty of every person or persons, society,
firm, association, partnership or corporation owning an undeveloped lot, undeveloped
property or undeveloped land within the limits of the Village of Sylvan Beach,
Oneida County, New York, to cut, trim or remove or cause to be cut, trimmed
or removed unsafe and/or dead trees, brush, grass. rubbish or weeds growing
or existing on such undeveloped lot or undeveloped property and/or to spray
with herbicides, cut, trim, remove, destroy or cause to be sprayed with herbicides,
cut, trimmed, removed or destroyed poisonous shrubs or weeds or unsafe and/or
dead trees growing or existing on such undeveloped lot or property and to
keep such undeveloped lot or undeveloped property substantially free from
the presence thereon of unsafe and/or dead trees, growing weeds, brush, rubbish
and poisonous shrubs or weeds.
A.
The Codes Enforcement Officer of the Village of Sylvan
Beach is hereby authorized and empowered to notify the owner of any developed
lot, developed property, developed land or undeveloped property or undeveloped
land within the limits of the Village of Sylvan Beach of any alleged violation
of this chapter.
B.
The notice of alleged violation shall be served upon
such owner by personal service or by registered or certified mail addressed
to his or their last known address.
The Village of Sylvan Beach may, pending court determination of the
alleged violation filed by the Codes Enforcement Officer, go upon such property
and take appropriate measures to alleviate the complaint of unhealthful, dangerous
or hazardous conditions. In the event that the village does take action, as
hereby described, the village shall ascertain the costs of such remedial measures
and upon completion assess the expense thereof upon the developed
lot, developed property, developed land, undeveloped property or undeveloped
land where the growth or unsafe and/or dead tree is found and notify the owner
of the assessment. Such assessment, if not paid within seven days of the date
of mailing of such notice of assessment to the alleged violator, shall become
a lien and charge upon the 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 village charges.
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment.
