Village of Fairport, NY Chapter 186 Brush, Grass and Weeds

[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 9-10-1979 by L.L. No. 7-1979 (Ch. 7 of the 1968 Code); amended in its entirety 12-11-2017 by L.L. No. 7-2017.[1] Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Trees — See Ch. 484.

[1] Editor’s Note: This local law was approved by the Mayor 12-11-2017.

§ 186-1 Removal of weeds and other vegetation required.

Every owner of any lot, land or place in the Village of Fairport is hereby required to cut, trim or otherwise remove, or to cause to be cut, trimmed or otherwise removed, all weeds, grass, brush or other uncultivated vegetation or accumulation of dead weeds, grass or brush as shall constitute a health hazard, fire hazard, safety or traffic hazard or public nuisance.

§ 186-2 Determination of existence of hazard or nuisance.

The Code Enforcement Officer or his or her duly designated representative shall determine if any such growth of weeds, grass, brush or other such uncultivated vegetation or accumulation of dead weeds, grass or brush constitutes a health hazard, fire hazard, safety or traffic hazard or public nuisance. Said growth, uncultivated vegetation or accumulation of dead weeds, grass, or brush shall not exceed eight inches in height.

§ 186-3 Notice to owner.

A. After it has been determined that a health hazard, fire hazard, safety or traffic hazard or public nuisance exists as a result of the existence of weeds, grass, brush or other uncultivated vegetation or accumulation of dead weeds, grass or brush, the Code Enforcement Officer shall give notice to the owner of such lot, land or place that such condition exists, by:

(1) Mailing to such owner a written notice at his last known address and posting a copy of the written notice on such lot, land or place that such condition exists; or

(2) Personally delivering a written notice to the owner of such lot, land, or place that such condition exists.

B. Service shall be complete upon personal delivery or posting.

§ 186-4 Noncompliance.

A person upon whom notice has been served to cut, trim or remove such noxious long grass or rank growths and who for four days be deemed to have violated this chapter.

§ 186-5 Removal by village; cost to become lien.

If, after the expiration of four days from the date of service of the notice provided in § 186-3, the owner shall fail to comply with the requirements of § 186-1, the Village shall have the authority to direct the DPW or to engage an outside contractor to cut, trim or remove such weeds, grass, brush or other uncultivated vegetation or accumulation of dead weeds, grass or brush on any such lot, land or place in the Village of Fairport, and the expense thereof shall be charged to the property so affected by including such expense in the next annual tax levy against the property, pursuant to the Village Law of New York.

§ 186-6 Enforcing authority.

The Code Enforcement Officer of the Village of Fairport is hereby empowered to enforce the provisions of this chapter.

§ 186-7 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250.