Town of Clarkson, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Clarkson Town Board 5-26-2009 by L.L. No. 2-2009. Amendments noted where applicable.]

§ 45-1 Title.

This chapter shall be known and may be cited as the "Removal of Brush, Grass, Rubbish or Weeds and Spraying of Poisonous Shrubs or Weeds Law of the Town of Clarkson."

§ 45-2 Declaration of policy.

It is hereby declared to be the policy of the Town Board to provide for the proper use of land to prevent unhealthful, hazardous or dangerous conditions due to the accumulation of brush, grass, rubbish or weeds or growth of poisonous shrubs or weeds and to protect the public health, safety and general welfare of the residents of this Town. By this chapter, the Town Board seeks to remove such dangers to health, life and property by requiring owners of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, and upon default cause the same to be done and assess the costs against the real properties on which such brush, grass, rubbish, shrubs or weeds are found.

§ 45-3 Notice to owners to remedy conditions.

A. 
The Town Board may, from time to time by resolution, require notice to be served upon owners as hereinafter provided to remedy any of the foregoing conditions which may exist upon the land, pursuant to the authority vested in said Town Board of the Town of Clarkson under § 64, Subdivision 5-a, and § 130, Subdivision 5, of the Town Law of the State of New York, as amended, and §§ 10 and 20 of the Municipal Home Rule Law of the State of New York.
B. 
Whenever the Town Board adopts a resolution requiring the owners of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds upon their lands, the Town Board shall specify the place, manner and time (not less than 10 days from the mailing and posting of said notice) within which such work shall be completed. A notice of the adoption of such resolution shall be served upon such owner or owners by ordinary mail addressed to his or their last known address. Said notice shall also be posted on the signboard in the Town Hall and shall be conspicuously posted on the premises.
C. 
The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Town of Clarkson briefly described as follows: (Here describe the subject property.) Notice is hereby given that certain violations of the Code of the Town of Clarkson currently exist at the aforementioned property, namely: (Describe the violation.) and constitutes a public nuisance in the Town of Clarkson. These violations must be remedied by performing the work stated above within 10 days from the date of this notice. If said work is not performed and said violations are not remedied on or before the expiration of said 10 days from the date hereof, the Town of Clarkson, New York, acting through its duly authorized agents, servants, officers and employees, may enter upon said property and perform said work. In this event, the expense incurred by the Town of Clarkson shall be assessed against said property and shall constitute a lien thereon and shall be collected in the manner provided by law.
Dated:
By Order of the Town Board of the Town of Clarkson
Supervisor:
Councilpersons:
Building Inspector/Code Enforcement Officer:
D. 
Persistent violators. In cases where a notice has been served and posted as set forth above and where the owner, occupant and/or the owner's agent(s) failed to remedy the situation, and a second, or subsequent, violation occurs within 12 months of Town Board action, the Building Inspector or Code Enforcement Officer shall take the following action:
[Added 7-26-2016 by L.L. No. 1-2016]
(1) 
The Building Inspector/Code Enforcement Officer shall serve written notice upon such owner or owners by ordinary mail addressed to his or their last known address. Said notice shall also be posted on the sign board in the Town Hall and conspicuously posted on the premises.
(2) 
The notice for persistent violators shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Town of Clarkson briefly described as follows: (Here describe the subject property.) Notice is hereby given that certain violations of the Code of the Town of Clarkson currently exist at the aforementioned property, namely: (Describe the violation.) and constitutes a public nuisance in the Town of Clarkson. The record owners of this property have been cited and failed to correct this violation at least once in the previous 12 months. These violations must be remedied by performing the work stated above within five days from the date of this notice. If said work is not performed and said violations are not remedied on or before the expiration of said five days from the date hereof, the Town of Clarkson, New York, acting through its duly authorized agents, servants, officers and employees, may enter upon said property and perform said work. In this event, the expense incurred by the Town of Clarkson shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
Dated: __________
  Building Inspector/Code Enforcement Officer
(3) 
The Building Inspector/Code Enforcement Officer shall provide to the Town Board a list of persistent violators and a list of notices given to said violators on or before the last day of each and every month where such notices have been given. Such notice may be by electronic means and incorporated in the reports normally provided to the Town Board by the Building Inspector/Code Enforcement Officer.

§ 45-4 Compliance required.

Any person, corporation or association being the owner of real property in the Town of Clarkson, outside of incorporated areas, shall be required to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, upon his, her or its lands when ordered to do so by resolution of the Town Board.

§ 45-5 Work by Town; reimbursement of costs.

A. 
Whenever a notice or notices referred to in § 45-3 hereof has been or have been served upon such owner or owners of the respective lots or parcels of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Town Board shall authorize the work to be done and shall pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purpose.
B. 
The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Town Board, as hereinabove provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and 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 charges.