[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 12-14-1971 as Section 6-5 of Ch. VI of the Revised General Ordinances, 1971.
Amendments noted where applicable.]
It shall be the duty of the owner, tenant or
person in possession of any lands in the Town to:
A.
Keep all brush, hedges or other plant life, excluding
trees, growing within 10 feet of any roadway and within 25 feet of
the intersection of two roadways cut to a height of not more than
three feet where it shall be necessary and expedient for the preservation
of public safety.
B.
Remove all grass, weeds and impediments from the abutting
sidewalks and gutters of highways, and also from the portion of any
street or highway abutting his lands, within 10 days after notice
to remove the same.
[Amended 7-22-2003 by Ord. No. 03-11]
D.
Keep the lands free of brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris where the same are inimical to the preservation of public health,
safety or general welfare of the Town or which may constitute a fire
hazard.
[Amended 12-12-1995 by Ord. No. 95-16; 7-22-2003 by Ord. No. 03-11; 11-24-2009 by Ord. No. 09-19; 9-9-2014 by Ord. No. 14-14]
After an investigation of any complaint of a
resident, officer or employee of the Town relative to a violation
of this chapter or upon his own motion, the Public Works/Business
Administrator or Code Enforcement Official, or a designee, shall notify
the owner, tenant or person in possession of the lands in violation.
With respect to any height of grass or weeds violation, the Public
Works/Business Administrator or Code Enforcement Official, or a designee,
shall notify the owner, tenant or person in possession of the lands
complained of only if the height of the grass or weeds exceeds eight
inches from the ground. Such notice hereunder shall be in writing,
delivered either personally or by both first-class and certified mail.
If service is made by mail as aforesaid and both the certified and
first-class mail are returned by the United States Postal Service
as undelivered, the notice may be served by posting the notice at
the real property in a conspicuous location. The notice shall inform
the recipient that the real property is in violation of this chapter,
shall identify the real property by street address and block and lot
number, and direct the recipient to remove such grass, impediments,
brush, weeds, dead or dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash or other debris or cut such overgrown grass
and weeds that exceed the height of eight inches from the ground within
10 days after receipt of the notice. The Public Works/Business Administrator
or Code Enforcement Official, or a designee, shall reinspect the lands
in question after the ten-day period expires and report, in writing,
to the Council at its next regular meeting whether the condition complained
of has been abated or remedied.
[Amended 12-12-1995 by Ord. No. 95-16; 7-22-2003 by Ord. No. 03-11; 11-24-2009 by Ord. No. 09-19; 9-9-2014 by Ord. No. 14-14]
If the violation is not corrected within 10
days after receipt of notice, the Public Works/Business Administrator
or Code Enforcement Official, or a designee, is empowered to enter
upon the real property and engage all labor and furnish all materials
necessary to correct the violation. The Public Works/Business Administrator
or Code Enforcement Official, or a designee, shall certify the cost
to the Mayor and the Council, who shall examine the certificate and,
if it is correct, cause the cost as shown thereon, together with any
penalty assessed pursuant to this chapter, to be charged against the
lands. The amount so charged shall become a lien upon the lands and
be added to and become a part of the taxes next to be assessed and
levied upon the lands, and shall bear interest at the same rate as
taxes and be collected and enforced by the same officer and in the
same manner as taxes. Costs shall be in addition to any penalties
imposed for any violation of this chapter.
[Added 3-26-1985 by Ord. No. 85-4; amended 7-22-2003 by Ord. No. 03-11; 11-24-2009 by Ord. No.
09-19; 9-9-2014 by Ord. No. 14-14]
A.
Police officers, the Zoning Officer, any authorized representative
of the County Board of Health, and the Public Works/Business Administrator
or Code Enforcement Official, or a designee, of the Town are authorized
to enforce this chapter and issue summonses for the violation thereof.
B.
Any person violating the provisions of this chapter shall be subject,
upon conviction thereof, to pay a fine or penalty to the Town as follows:
for a first offense, the sum of $100 plus court costs; for a second
offense, the sum of $300 plus court costs; for a third offense, the
sum of $600 plus court costs; for all subsequent offenses, the sum
of $1,000 plus court costs. Each day that violations continue shall
constitute a separate offense, each day to be measured from the date
the notice was received until the date the violation is corrected.
