Town of Ellicott, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Ellicott as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 51.
Unsafe buildings and structures — See Ch. 55.
Zoning — See Ch. 146.
[Adopted 9-19-2016 by L.L. No. 3-2016]

§ 56-1 Purpose.

The purpose of this chapter shall be to protect and promote the health, safety, and welfare of the inhabitants of the Town through regulation of the accumulation of weeds and the permitted height of grasses on private premises and parts of the public right-of-way, and also the elimination of poisonous and/or deleterious plants on premises within the Town and the establishment of uniform procedures for the enforcement of such regulations.

§ 56-2 Growth of weeds, grass, or poisonous plants unlawful.

It shall be unlawful for the owner of any premises within the Town of Ellicott to:
A. 
Permit thereon any growth of weeds or grass to a height greater than eight inches on the average or to permit the accumulation thereon of any dead grass, weeds, or brush, except where the accumulation is part of a regularly maintained composting program.
B. 
Permit on that part of the public right-of-way between the front lot line of the premises and the paved roadway and, in the case of a corner lot, on that part of the public right-of-way between an exterior side lot line and the paved roadway any growth of weeds or grass to a height greater than eight inches on average or to permit the accumulation thereon of any dead grass, weeds, or brush.
C. 
Permit, after receipt from the Town of notice to remove, the continuation on the premises of any growth or poison ivy, ragweed, or other poisonous plant.

§ 56-3 Duty of owner upon notice of violation.

It shall be the duty of the owner of any premises within the Town of Ellicott, within five days after receipt of written notice from the Town, after direct observation and determination of existing violation of this chapter by the Code Enforcement Officer, to bring the premises into compliance. Upon failure of compliance, the Code Enforcement Officer shall oversee entry upon the offending premises for the purpose of bringing the same into compliance.

§ 56-4 Computation of cost to compel compliance.

A. 
The cost to the Town of bringing the premises into compliance, including, if necessary, that of bringing the public right-of-way into compliance, shall be computed, certified to the Town Administrator and billed directly to the owner of the premises.
B. 
If the charge as billed is not paid within 30 days, interest at the maximum permissible rate shall be added thereto until paid in full. If the charge remains unpaid by the 30th day of April next, it shall be added to the Town tax assessed against the premises.
C. 
Computation of the cost to the Town in bringing about compliance shall include the cost to the Town of the labor of any Town employee or, if required, that of an independent private contractor, together with all administrative costs attendant upon the computation, certification and billing to the owner of the premises.

§ 56-5 Penalties for offenses.

In addition to any civil charges or penalties, any offense against any of the provisions of this chapter shall be deemed a violation as defined by the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine not to exceed $250 per day.