[HISTORY: Adopted by the Board of Trustees
of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 65 of the 1983 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- OWNER
- The owner of record or any other person, persons, firm, corporation
or entity in actual possession of or otherwise having charge, care
or control of any property within the Town/Village, including, but
not limited to, executor, administrator, trustee, guardian, heir,
distributee or agent.[Added 7-9-2012 by L.L. No. 3-2012]
- SUPERINTENDENT OF PUBLIC WORKS
- The Superintendent of Public Works or his duly authorized representative or the Building Inspector.
[Amended 3-8-1999 by L.L. No. 1-1999]
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 Town/Village of East Rochester 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 middle of the alley or for 10 feet outside of the property
line if there is no curb, any growth of weeds, grass or other rank
vegetation to a height greater than 12 inches, on the average, on
a vacant lot or to a height greater than six inches, on the average,
on an improved lot or any accumulation of dead weeds, grass or brush.
It shall also be unlawful for any such person or persons 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 Town/Village of East Rochester 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 § 65-2 of this chapter, provided that cutting and removing such weeds, grass and vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this chapter.[1]
A.
If the provisions of the foregoing sections are not
complied with, the Superintendent and/or the Building Inspector shall
serve written notice, either personally or by certified mail or by
any other method of service as provided for in the Civil Practice
Law and Rules, upon the owner, lessee or occupant or any person having
the care or control of any such lot or land, to comply with the provisions
of this chapter.
B.
If the person upon whom the notice is served fails,
neglects or refuses to cut and remove or to cause to be cut and removed
such weed, grass or other vegetation within five days after receipt
of such notice, or if no person can be found in the Town/Village of
East Rochester 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 Superintendent shall cause such weeds, grass or other vegetation
on such lot or land to be cut and removed, and the actual cost of
such cutting and removal and other additional costs in connection
therewith shall be certified by the Superintendent to the Village
Clerk-Treasurer and shall thereupon become and be a lien upon the
property on which such weeds, grass and other vegetation 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 officer and in the same manner as taxes.
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
notice herein provided or who shall violate any of the provisions
of this chapter or shall resist or obstruct the Superintendent of
Public Works or his employees in the cutting and removal of weeds,
grass and other vegetation shall, upon conviction thereof, be subject
to a fine of not more than $250 or to imprisonment for a term of not
more than 15 days, or both, and each day on which such violation continues
shall constitute a separate offense.
