[HISTORY: Adopted by the Town Board of the Town of Orchard
Park 7-17-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
In order to prevent blight and the excessive growth of weeds
and grass, it is hereby declared that all lots in an approved subdivision,
under which a map cover is filed with the Clerk of the County of Erie
or any lot for which at least one building permit has been issued,
shall be maintained in conformity with the standards set out in this
chapter so as to assure that the subdivision and the community at
large will not be adversely affected.
It shall be unlawful for any person having control or ownership
or any type of tenancy in any lot in an approved subdivision under
which a map cover is filed with the Clerk of the County of Erie, or
any lot for which at least one building permit has been issued, in
the Town of Orchard Park, County of Erie and State of New York, to
permit or maintain on such land, or portion thereof, any growth of
weeds, grass or other rank vegetation to a height greater than 10
inches on the average, or any accumulation of dead weeds, grass or
brush.
It shall be the duty of every owner, occupant, tenant or person
in control of such aforesaid land or any portion thereof in the Town
of Orchard Park, County of Erie and State of New York, to cut and
remove or cause to be cut or removed from the said property all weeds,
grass or other rank, poisonous or noxious vegetation as often as may
be necessary to comply with the provisions of this chapter.
A.Â
Ten days after the mailing of a notice by certified mail to the last
known address of the property owner, and posting of a notice on the
property, the Town Code Enforcement Officer shall make an inspection,
and if such inspection discloses that the owner or occupant has not
complied with said notice, then the Code Enforcement Officer shall
cause weeds, grass and other vegetation on such lands or portions
thereof to be cut and removed.
B.Â
If the topography of said land is such as to make it impossible or
impractical to use machinery in the clearing and cutting, the Code
Enforcement Officer shall first grade the land in order that the cutting
and removal may be done by machinery. The actual cost of such cutting
and removal, and grading, if necessary, plus a fee of 20% for inspection
and administrative overhead therewith, shall be certified by the Code
Enforcement Officer to the Town Receiver of Taxes and shall thereupon
become a lien upon the property on which said weeds, grass and other
vegetation were located, and shall be added to and become and form
a part of the taxes next to be assessed and levied upon such lot or
land and shall bear interest at the same rate as taxes and shall be
collected and enforced by the same officer and in the same manner
as taxes levied and assessed against such property.
Any person who shall neglect to cut and remove weeds, grass
or other vegetation as directed in this chapter, or who shall fail,
neglect or refuse to comply with the provisions of any notices herein
provided, or who shall resist or obstruct the Town Code Enforcement
Officer or his employees in the cutting and removing of weeds, grass
and other vegetation, or grading, if necessary, shall, upon conviction
thereof, be subject to a fine of not less than $25 nor more than $100,
and each day on which such violation continues shall constitute a
separate offense.