Village of Hewlett Harbor, NY Brush, Grass, Weeds and Rubbish

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Editor's Note: This local law also repealed former Art. IV, Brush, Grass and Weeds, adopted 6-14-2007 by L.L. No. 9-2007.

The Village Building Inspectors of the Incorporated Village of Hewlett Harbor are hereby authorized and empowered to notify the owner and/or person in control of any property found not to be in conformance with the provisions of § 102-6 of said violation. Service of a copy of the notice of violation shall be served upon such owner, agent of such owner and/or any person, firm or corporation lawfully occupying or controlling said property by personal service or by certified mail, postage paid, return receipt requested, and addressed to such person's last known address; and, if by certified mail, a copy of the notice shall be posted on the premises.

The person served with a notice of violation shall be permitted five business days from such service to eliminate the accumulation of rubbish and/or excessive height of lawns, weeds, grass, or brush of any kind.

Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly cure the violation which is deemed dangerous to the public health, safety or welfare within five business days after receipt of written notice provided for in § 102-6.1 above, or within 20 days after the date of such notice in the event the same is returned to the Village because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Village is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Village or private sanitation company.

Charge included in tax bill. When the Village has effected the cutting, trimming or removal of the offending grass, weeds, or brush or has paid for same or has removed the rubbish accumulated upon the property or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill.

Filed statement constitutes lien. Where the full amount due the Village is not paid by such owner within 20 days after the actions taken by the Village as described in Subsection B above, then, and in that case, the Village Clerk shall file a sworn statement in the Village Office showing the cost and expense incurred for the work, the date the work was done and the location of the property by school district, section, lot, and block on which said work was done, and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further, shall be subject to a delinquent penalty of 6% in the event same is not paid in full on or before the date the tax bill upon which said charge appears become delinquent. Sworn statements filed in accordance with provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.