[HISTORY: Adopted by the Board of Trustees
of the Village of McGraw 4-17-1996 by L.L. No. 2-1996. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Enforcement Officer of the Village of McGraw or
his duly authorized representative.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
[Amended 10-17-2017 by L.L. No. 3-2017]
It shall be unlawful for any owner, lessee or occupant, or any
agent, servant, representative or employee of any such owner, lessee
or occupant, having control of any occupied or unoccupied building
lot or plot of land, or any part thereof, in any developed section
of the Village of McGraw to permit or maintain on any such lot or
plot of land or on or along the sidewalk, street or alley adjacent
to the same between the property line and the curb or the middle of
the alley or for 10 feet outside of such property line, if there be
no curb, any growth of weeds, grass or other rank vegetation to a
height greater than six inches on the average or any accumulation
of dead grass, weeds or brush. It shall also be unlawful for any such
person to cause, suffer or allow poison ivy, ragweed or other poisonous
plants or plants detrimental to health to grow on any such lot or
plot of land in such manner that any part of such ivy, ragweed or
other poisonous weed shall extend upon, overhang or border any public
place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of McGraw to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 71-2, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this chapter.
It shall be unlawful for any person, either
as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit
or cause or permit to run, drop or remain or to be thrown, cast or
deposited in or upon any vacant lot of land or vacant place upon the
surface of any lot of land, enclosed or otherwise, within the Village
of McGraw, New York, except at such place as designated or provided
by the Board of Trustees of the Village of McGraw, New York, any waste,
leaves, brush, hay, weeds, straw, litter, wastepaper, boxes, shavings
or any filthy, combustible or flammable materials, rubbish, garbage
or dirt whereby a fire hazard, danger or risk is or may be engendered
or injuriously effected or whereby the premises of another or the
enjoyment of the premises of another are or may be injured, damaged,
interfered with or prejudiced. Nothing in this section shall be construed
as to prohibit the depositing of manure upon any private property
for the cultivation of the same.
If the provisions of the foregoing sections
are not complied with, the Code Enforcement Officer shall serve written
notice, either personally or by mail, upon the owner, lessee or occupant,
or any person having the care or control of any such lot of land,
to comply with the provisions of this chapter. If the person upon
whom the notice is served fails, neglects or refuses to cut, remove
or cause to be cut and removed such weeds, grass, vegetables or rubbish
within five days after receipt of such notice or if no person can
be found in the Village of McGraw who either is or claims to be the
owner of such lot or land or who either represents or claims to represent
such owner, the Code Enforcement Officer may, following approval of
the Board of Trustees, cause such weeds, grass, vegetation or rubbish
on such land to be removed, and the actual cost of such removal, plus
10% for inspection and other additional costs in connection therewith,
shall be certified by the Code Enforcement Officer as to the property
on which such weeds, grass, vegetation or rubbish were located and
shall be added to and become and form 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 officers and in the same manner as taxes.
Any person committing an offense against any
of the provisions of this chapter shall be guilty of a violation under
the Penal Law and, upon conviction thereof, shall be punishable by
a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each day of continued violation shall constitute
a separate additional violation.
