Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
Public Documents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 1-22-1990 by L.L. No. 1-1990 (Ch. 108 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 115.
Dumpsters — See Ch. 126.
Graffiti — See Ch. 178.
Littering — See Ch. 205.
Solid waste — See Ch. 283.
Abandoned vehicles — See Ch. 321.

§ 221-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
[Amended 4-6-2009 by L.L. No. 3-2009]
A. 
Anything that endangers life, health or safety, gives offense to the senses or obstructs another's reasonable and comfortable use of property. "Nuisance" includes public or private nuisances as known at common law and also, without limitation by reason of enumeration, includes accumulations of weeds or other overgrowth of trees, plants or grasses; accumulations of standing water; accumulations of rubbish, garbage, debris, junk, automotive parts or waste; deteriorating structures, fences, walls or trees; and holes or excavations except those that are reasonably guarded or fenced.
B. 
Graffiti, as defined within Chapter 178 of this Code, entitled "Graffiti."

§ 221-2 Prohibited acts.

It shall be unlawful and a violation of this chapter for the owner or owners of any real property located within the corporate limits of the Village of Lancaster to allow a nuisance to exist or remain on their property. As used in this chapter, the term "owner or owners" shall include the legal representatives of an owner or owners such as executors, administrators, conservators, committees, attorneys or agents.

§ 221-3 Duty of owner.

It shall be the duty of the owner or owners of any real property located within the Village of Lancaster to remove, eliminate, repair or otherwise abate any and all nuisances which exist or remain on their property.

§ 221-4 Service of notice.

A. 
In the event that the owner or owners of real property located within the corporate limits or the Village of Lancaster fail to comply with §§ 221-2 and 221-3 of this chapter, the Codes Enforcement Officer shall cause a written notice describing the nuisance and requiring the owner or owners to comply with the provisions of this chapter to be served upon the owner or owners.
B. 
The notice shall require that the owner or owners complete the removal, elimination, repair or other abatement of the nuisance within a period of five days from the date of service of said notice. The notice shall also provide that failure to comply with the notice will result in the removal, elimination, repair or other abatement of the nuisance by the Village of Lancaster, its employees, servants, contractors or agents, and the cost of the removal, elimination, repair or other abatement will become a lien upon the real property involved and shall be added to and become part of the taxes next to be assessed and levied upon the real property.
[Amended 8-26-1996 by L.L. No. 4-1996]
C. 
The notice shall be served on the owner or owners as shown by the records of the Assessor. Service shall be either personally or by registered mail, addressed to the last known address of the party to be served. If notice is served by registered mail, a copy of such notice shall be posted on the premises within two days of mailing. Personal service shall be made upon an individual as permitted by the New York Civil Practice Law and Rules §§ 303, 308, Subdivision 1, 309, 310, 311 and 318 or the New York Estates, Powers and Trusts Law § 11-4.4.

§ 221-5 Failure to abate.

[Amended 8-26-1996 by L.L. No. 4-1996]
If the owner or owners fail to remove, eliminate, repair or otherwise abate the nuisance within five days after service of the notice, the Village may enter the property to remove, eliminate, repair or otherwise abate the nuisance. For this purpose, the Village may use its own personnel or may hire a contractor. The cost incurred, whether Village personnel are used or a contractor is hired, will be billed to the owner or owners of the property.

§ 221-6 Projects subject to competitive bidding.

The removal, elimination, repair or other abatement of any nuisance by the Village of Lancaster, its employees, servants, contractors or agents, which shall result in a cost of $5,000 or more to the owner or owners of the real property shall be subject to competitive bidding requirements as set forth in General Municipal Law § 103.

§ 221-7 Costs to become a lien.

[Amended 8-26-1996 by L.L. No. 4-1996]
Upon failure of the owner or owners to promptly pay the Village Clerk/Treasurer the costs incurred by the Village of Lancaster in removing, eliminating, repairing or otherwise abating the nuisance, the Code Enforcement Officer shall certify the cost to the Assessor and thereupon the cost shall become a lien upon the real property involved and shall be added to and become a part of the taxes next to be assessed and levied upon the real property and shall bear interest at the same rate as and be collected and enforced in the same manner as taxes.

§ 221-8 Penalties for offenses.

In addition to any other remedy provided in this chapter, any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.