[HISTORY: Adopted by the Town Board of the
Town of Tonawanda 6-16-2003 by L.L. No. 3-2003. Amendments noted where
applicable.]
This chapter is intended to enhance the physical
and visual environment of the Town of Tonawanda, outside the Village
of Kenmore, and to preserve and promote the safety, health and well
being of persons and property in the Town of Tonawanda, outside the
Village of Kenmore. In order to meet this objective, this chapter
is designed to prohibit and to otherwise regulate the excessive growth
of grass, weeds and plant growth consistent with other laws of the
Town of Tonawanda and the Constitution of the State of New York.
As used in this chapter, the following terms
shall have the meanings indicated. All other terms have the meanings
ascribed to them in regular usage.
Refuse, trash, scrap, or things that are no longer useful
or wanted; accumulation that is left to be discarded.
[Added 5-8-2023 by L.L. No. 2-2023]
All grasses, annual plants, trees or vegetation that are
harmful to the public welfare, including stumps and/or roots. The
term "grass, weeds and plant growth" shall not include cultivated
flowers, healthy trees, shrubs, or gardens.
[Amended 5-8-2023 by L.L. No. 2-2023]
Plant growth deemed by the Town of Tonawanda Code Enforcement
Officer as potentially dangerous to the public welfare, or such plant
growth that is an unattractive public nuisance or grows in an undesirable
location.
[Amended 3-26-2007 by L.L. No. 2-2007]
Combustible and noncombustible waste materials; the term
shall include the residue from the burning of wood, coal, coke and
other combustible materials, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust and other similar materials.
[Added 5-8-2023 by L.L. No. 2-2023]
Uncultivated vegetation such as grasses, brush, briars, and
annual plants, excluding trees and cultivated vegetation such as shrubs,
flowers, gardens, and vegetation used for agricultural purposes.
[Added 5-8-2023 by L.L. No. 2-2023]
This chapter shall apply to every owner of any
parcel of real property located in the Town of Tonawanda, exclusive
of the Village of Kenmore.
[Amended 5-8-2023 by L.L. No. 2-2023]
A.
Every owner
of any parcel of real property located in the Town of Tonawanda shall
cut, trim or otherwise remove or cause to be cut, trimmed or otherwise
removed, all grass, weeds or uncultivated vegetation in excess of
10 inches (254 mm). It shall be the duty of any owner of any parcel
of real property in the Town of Tonawanda to prevent the growth of
grass, weeds, plant growth accumulation or debris thereon as shall
constitute a health hazard, fire hazard, safety or traffic hazard,
or public nuisance, as determined by the Code Enforcement Officer.
This shall include any right-of way areas.
B.
Every owner
of any parcel of real property located in the Town of Tonawanda shall
be responsible for the removal of brush, dead weeds, grass, garbage,
debris and rubbish as determined by the Code Enforcement Officer to
constitute a health, traffic safety or fire safety hazard or public
nuisance.
C.
Exceptions:
(1)
Designated
open space areas, wetlands, conservation easement areas and any other
areas intended to be maintained in a natural state.
(2)
Rights-of-way,
lands or highway easements adjacent to any parcel of real property
owned by another municipal corporation or political subdivision of
the state or county.
Noxious weeds shall be prohibited on any parcel
of real property in the Town of Tonawanda.
[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer is hereby charged
with the responsibility and duty to enforce this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007; 5-8-2023 by L.L. No. 2-2023]
A.
Notice to owner or to person or persons responsible. Whenever the Code Enforcement Office, or his designee, determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in Subsections B and C.
B.
Form. Such notice prescribed in Subsection A shall:
(1)
Be
in writing;
(2)
Include
a description of the real property sufficient for identification;
(3)
Include
a statement of the violation(s) and why the notice is being issued;
(4)
Specify
the violations as determined by the Code Enforcement Officer, or his
designee;
(5)
Direct
the owner of the parcel of real property to remedy the violation(s)
and bring the parcel into compliance with the provisions of this chapter
within seven calendar days of the service of notice.
C.
Method of service. Such notice shall be deemed to
be properly served if a copy thereof is:
D.
Subsequent
violations. In the event that an owner of real property has been given
a notice to cut, trim or otherwise remove the excess growth of grass,
weeds, brush, uncultivated vegetation in excess of 10 inches, or the
accumulation of brush, dead weeds, grass, garbage, debris and rubbish
as determined to constitute a hazard or public nuisance, and then
receives a subsequent notice in regard to the same real property in
any calendar year, then the period of time provided to bring the parcel
into compliance with the provisions of this Chapter shall be five
calendar days of the service of notice.
[Amended 5-8-2023 by L.L. No. 2-2023]
An owner of any parcel of real property upon
whom notice has been served to cut, trim, or otherwise remove, or
cause to be cut, trimmed or otherwise removed, all such grass, weeds
uncultivated vegetation in excess of 10 inches, or the accumulation
of brush, dead weeds, grass, garbage, debris and rubbish as determined
to constitute a health, fire safety or traffic safety hazard or public
nuisance, and who, for seven calendar days after service of notice,
shall neglect or fail to comply with the provisions of any such notice
shall be deemed to be in violation of this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007; 11-21-2016 by L.L. No. 3-2016; 5-8-2023 by L.L. No. 2-2023]
A.
If, after the expiration of seven calendar days from the date of service of notice as provided in § 108-7, the owner shall fail to comply with the requirements of § 108-4 of this chapter, the Code Enforcement Officer, his or her designee or any contractor hired by him or her, shall have the power to enter upon the parcel of real property in violation to cut, trim, or otherwise remove all such grass, weeds and uncultivated vegetation in excess of 10 inches, or the accumulation of brush, dead weeds, grass, garbage, debris and rubbish, which are determined to violate the provisions of this chapter.
(1)
The
expense incurred to cut, trim or otherwise remove all such grass,
weeds and uncultivated vegetation in excess of 10 inches, or the accumulation
of brush, dead weeds, grass, garbage, debris and rubbish shall be
the responsibility of the owner of the parcel of real property and
shall be paid by such owner within 30 calendar days of the mailing
to such owner by the Code Enforcement Officer of a statement detailing
the expense for the same. In the event the owner fails to pay said
expense within 30 calendar days, the expense thereof shall become
a lien upon the parcel of real property and shall be added to and
become part of the taxes next so assessed, by including such expense
in the next annual tax levy against the parcel of real property and
shall bear interest at the same rate as taxes and shall be collected
in the same manner as general Town taxes.
B.
The cost
for removal by the Town shall be as follows:
(1)
The
cost of labor, machinery and materials of the Town or the cost of
services of an independent contractor. In addition, a surcharge of
$100 to reimburse the Town for the cost of supervision and administration,
together with any and all costs associated herewith.
(2)
The
above said cost and surcharge shall be levied upon the property or
premises which are the subject of the enforcement action and shall
be collected in the same manner as Town taxes and assessments.
[Amended 5-8-2023 by L.L. No. 2-2023]
Any person committing an offense against this
chapter or any section or provision hereof is guilty of a violation
punishable by a fine not exceeding $250 or by imprisonment for a period
not exceeding 15 days for each such offense, or by both such fine
and imprisonment. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
