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City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Middletown 12-27-1954 (Ch. 117 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 359.
It shall be unlawful for any owner, lessee, tenant, occupant or other person having charge of any occupied or unoccupied lot in the City of Middletown to permit or maintain on any such lot, or on or along the sidewalk, street or alley adjacent to the lot, or on any area between the property line and the curb or for 10 feet outside the property line if there is no curb any growth of weeds, grass or other vegetation to a greater height than six inches on the average. It shall also be unlawful for such person to permit any accumulation of dead weeds, grass or brush, nor shall any person permit poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any lot in such a manner that any part of such vegetation shall extend upon, overhang or border any public place. It shall further be unlawful for such person to allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
[Amended 8-9-2010]
It shall be the duty of every owner, lessee, tenant, occupant or other person having charge of any lot to cut and remove, or cause to be cut and removed, all such weeds, grass and other vegetation as often as may be necessary to comply with the provisions of § 188-1 herein. The cutting of ragweed and poison ivy, however, shall not be deemed to be a compliance with this chapter unless such cutting is sufficiently frequent to prevent leafing or pollination of the same, it being the intent of this chapter to eliminate and destroy the same.
[Amended 10-13-1992]
Failure to comply with the provisions of §§ 188-1 and 188-2 of this chapter shall constitute a violation. Any person violating any provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $500, and each day on which such violation continues shall constitute a separate offense.
[Amended 4-25-1977; 12-27-2005; 1-7-2008; 2-11-2008; 11-1-2011]
A. 
In addition to the foregoing, the Commissioner of Public Works may, after serving written notice of at least five days upon the owner at the address listed in the current tax roll, cause such weeds, grass and other vegetation to be cut and removed as provided in this chapter, and a report of the cost and expense of doing said work shall be submitted to the Treasurer and shall then become a lien against the property where said work was performed; said lien shall bear interest at the same rate as taxes.
B. 
In the event the Commissioner of Public Works has already in a growing season (defined as March 1 through September 30) given one five-day notice to a property owner and the Commissioner determines that the overgrowth condition has returned on the property after the Commissioner has caused such weeds, grass and other vegetation to be cut and removed, the Commissioner of Public Works may, after serving written notice of at least three days upon the owner at the address listed in the current tax roll, cause such weeds, grass and other vegetation to be cut and removed as provided in this chapter, and a report of the cost and expense of doing said work shall be submitted to the Treasurer and shall then become a lien against the property where said work was performed; said lien shall bear interest at the same rate as taxes.
C. 
In the event the Commissioner of Public Works has already in a growing season (defined as March 1 through September 30) given one five-day notice and one three-day notice to a property owner and the Commissioner determines that the overgrowth condition has returned on the property for a third time after the Commissioner has caused such weeds, grass and other vegetation to be cut and removed, the Commissioner of Public Works may, without serving any notice upon the owner at the address listed in the current tax roll, cause such weeds, grass and other vegetation to be cut and removed as provided in this chapter, and a report of the cost and expense of doing said work shall be submitted to the Treasurer and shall then become a lien against the property where said work was performed; said lien shall bear interest at the same rate as taxes.
D. 
The minimum charge imposed by the Treasurer for the work described in § 188-4A, B and/or C for single family residential properties shall be $100 for the first time the work was performed in a growing season, $250 for the second time the work was performed in a growing season, and $500 for the third and/or subsequent time(s) the work was performed in a growing season.
E. 
The minimum charge imposed by the Treasurer for the work described in § 188-4A, B and/or C for two-family and multifamily residential properties shall be $250 for the first time the work was performed in a growing season, $500 for the second time the work was performed in a growing season, and $750 for the third and/or subsequent time(s) the work was performed in a growing season.
F. 
The minimum charge imposed by the Treasurer for the work described in § 188-4A, B and/or C for commercial and industrial properties shall be $500 for the first time the work was performed in a growing season, $750 for the second time the work was performed in a growing season, and $1,000 for the third and/or subsequent time(s) the work was performed in a growing season.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.