This chapter shall be known and may be cited as the "Brush,
Grass, Rubbish and Weeds Law of the Town of Collins."
[Amended 10-15-1990 by L.L. No. 2-1990]
It is hereby declared to be the policy of the Town Board to
provide for the proper use of land to prevent unhealthful, hazardous
(including fire hazard) or dangerous conditions due to the accumulation
of brush, grass, rubbish or weeds or growth of poisonous shrubs or
weeds in violation of this chapter and the New York State Property
Maintenance Code. 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, weeds, rubbish, shrubs
or weeds are found.
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 the Town Board of the Town of Collins under
§§ 64, Subdivision 5-a, and 130, Subdivision 5, of
the Town Law.
Any person being the owner of real property in the Town of Collins,
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 their lands
when ordered to do so by resolution of the Town Board.
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 five days from the receipt 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 her, or their last known address.
Whenever a notice or notices referred to in §
118-5 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 pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purpose.
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, so much
of the actual and complete cost as incurred upon and from each such
lot or lots, which charges shall be assessed and collected in the
same manner and at the same time as other Town charges.
Notwithstanding the foregoing remedies, nothing shall prohibit the punishment of any violator who fails to comply with the notice specified in §
118-5, pursuant to §
1-3 of the Code of the Town of Collins.