[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 8-30-2005 by L.L. No. 2-2005. Amendments noted where
applicable.]
This chapter shall be known as the "Brush, Grass
and Weeds Removal Ordinance of the Village of Holley, New York."
The purpose of this chapter is to promote the
public health by the removal of fire and health hazards by requiring
the owners of land to cut, trim or remove brush, grass or weeds.
Every owner of land within the Village of Holley
shall cut, trim or remove brush, grass or weeds of a height of 10
inches 75 feet from any street and 75 feet from adjoining developed
property lines; and upon default, the Village of Holley may cause
such grass, brush, weeds or other materials to be cut, trimmed or
removed by said Village, and the total thereof shall be assessed upon
the real property on which such brush, grass or weeds are found.
A.
The cost of cutting, trimming or removing such brush,
grass or weeds shall constitute a lien and charge upon the real property
involved until paid or otherwise satisfied or discharged and shall
be collected by the Village Treasurer in the manner provided by law
for the collection of taxes.
B.
The Village Board of Trustees shall, from time to
time, establish, by resolution, the method by which the cost shall
be determined and shall include the power to establish minimum costs.
Before the Village of Holley shall remove, cut
or trim such brush, grass or weeds and assess the costs thereof upon
the real property upon which such brush, grass or weeds are found,
notice shall be given to the owner thereof by either personal service
or by mail addressed to the last known owner at his or her last known
address as shown on the tax rolls of the Village. Such service shall
be sufficient for all purposes. Such notice shall set forth the violations
and direct compliance within five days from the date of such notice.
All such notices shall be signed and issued by the Village Code Enforcement
Officer or by the Village Clerk upon direction of the Village Board
of Trustees. If there is a failure of compliance within the said five-day
period, the Village may then cause the removal, trimming or cutting
and assess the cost as hereinabove provided.
The provisions of this chapter shall not apply
to cultivated crops, shrubs, trees or other landscaping or weeds or
grass which may intermingle with growing cultivated crops, until such
time as said crop is harvested or should have been harvested.
A.
In addition to the rights herein above provided for
the Village of Holley, any violator of this chapter shall be assessed
a civil penalty to be established from time to time by resolution
of the Board of Trustees of the Village of Holley.
B.
Each day a violation continues after notice of violation shall constitute a separate violation of this chapter. No additional notices shall be required for continuing violations, and an additional penalty may be assessed against the owner of said premises for each day the violation exists. These additional penalties may be collected in the same manner provided in § 186-4 hereof.
