[HISTORY: Adopted by the Town Board of the Town of Hamburg 9-9-1974
by L.L. No. 9-1974. 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 and 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 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, and for which at least one
building permit has been issued, in the Town of Hamburg, 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 greater height than
12 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 Hamburg, 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 § 75-2.
A.
Ten days after the mailing of a notice by certified mail
to the last known address of the property owner, the Town Building Inspector
shall make an inspection, and if such inspection discloses that the owner
or occupant has not complied with said notice, then the Inspector shall cause
weeds, grass and other vegetation on such lands or portions thereof to be
cut and removed.
B.
If the topography of said land is such as to make it
impossible or impractical to use machinery in the clearing and cutting, the
Inspector 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 Building Inspector to the Town
Receiver of Taxes and shall thereupon become and be 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 Building Inspector 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.
This chapter shall take effect immediately after proper filing, including
with the office of the Secretary of State and the State Comptroller.
