[Adopted 9-23-2009 by L.L. No. 3-2009]
This article is intended to enhance the physical and visual
environment of the Town of Clarence and to preserve and promote the
safety, health and well-being of persons and property in the Town
of Clarence. In order to meet this objective, this article 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 Clarence
and the Constitution of the State of New York.
As used in this article, 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 is harmful
to the public welfare, including stumps and roots. The term "grass,
weeds and plant growth" shall not include cultivated flowers, healthy
trees, shrubs or gardens.
NOXIOUS WEEDS
Plant growth identified by the New York State Department
of Environmental Conservation and the United States Department of
Agriculture as potentially dangerous to the public welfare, or such
plant growth that is an unattractive public nuisance or grows in an
undesirable location.
OWNER
Any person, agent, operator, legal representative firm or
corporation having a legal or equitable interest in the property or
recorded in the official records of the state, county or municipality
as holding title to the property or otherwise having control of the
property, including the guardian of the estate of any such person
and the executor or administrator of the estate of such person if
ordered to take possession of the real property by a court.
This article shall apply to every owner of any parcel of real
property located in the Town of Clarence.
Noxious weeds shall be prohibited on any parcel of real property
in the Town of Clarence.
The Code Enforcement Officer is hereby charged with the responsibility
and duty to enforce this article.
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 article.
Any person who shall violate a provision of this article or
fail to comply therewith or with any of the requirements thereof shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense. Any person committing an offense against
this article 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.