[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 13,
Art. III, of the Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful for any owner, lessee or occupant, or any
agent, servant, representative or employee thereof, having control
of any occupied or unoccupied lot or land, or any part thereof, in
the City:
A.
To permit or maintain on any such lot or land any growth of weeds,
grass or other rank vegetation to a greater height than 12 inches
on the average.
B.
To permit any accumulation of dead weeds, grass or brush.
C.
To permit or maintain on or along the sidewalk, street or alley adjacent
to such lot or land between the property line and the curb or between
the property line and the traveled parts of such street or alley where
there is no curb any growth of weeds, grass or other vegetation to
a greater height than four inches on the average.
It shall also be unlawful for any 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 land in such manner that any
part of such ivy, ragweed or other poisonous or harmful weed or plant
shall extend upon, overhang or border any public place or to allow
seed, pollen or other poisonous particles or emanations therefrom
to be carried through the air into any public place.
It shall be the duty of any and every owner, lessee or occupant of any lot or land to cut and remove or to kill by spraying, or to cause to be cut and removed or killed by spraying, all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of §§ 119-1 and 119-2; provided, however, that cutting or removing or killing by spraying such weeds, grass and vegetation at least once in every three weeks between April 1 and November 1 shall be deemed to be compliance with the terms and provisions of said sections.
A.
Notice required. If the provisions of §§ 119-1 and 119-2 and 119-3 are not complied with, the City, through its designated official, may serve written notice 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 said sections.
B.
Service and contents of notice. Such written notice shall be mailed
to such owner, lessee, occupant or person at his last known address,
or, if such owner, lessee, occupant or person or his address is unknown,
such notice may be affixed to or posted upon said lot or land. Such
notice shall require compliance with the provisions of said sections
within five days after the date of the mailing or posting of such
notice as aforesaid.
[Amended 1-10-2011 by Ord. No. 2-2011[1]]
If the person upon whom the notice provided for in § 119-4 is served fails, neglects or refuses to cut and remove or to kill by spraying such weeds, grass or other vegetation, the City may abate such condition and assess a lien against the property for the costs of such abatement together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter 226 of the City Code.
[1]
Editor's Note: This ordinance also repealed former § 119-6,
Costs of removal, which immediately followed this section.
