[Amended 11-19-2009 by L.L. No. 7-2009; 5-3-2012 by L.L. No. 2-2012]
A.
The Town
Board may, by resolution, require a notice to be served, either personally
or by regular mail and certified mail, return receipt requested, ordering
the cutting, trimming and/or removal from the land of brush, grass,
rubbish or poisonous shrubs or weeds pursuant to § 64, Subdivision
5-a, and § 130, Subdivision 5, of the Town Law.
B.
The notice to be served and posted, as required in Subsection A above, shall state the name of the Town of Walworth and the name of the homeowner, street address and tax identification number of the property, and shall be in the form of "the Town of Walworth v. __________, Homeowner." Such notice shall specify the place, manner and time (not less than five days nor more than 21 days from the service of such notice) within which such work shall be completed.
[1]
Editor's Note: Former § 128-4, Compliance with notice
required, was repealed 5-6-2010 by L.L. No. 3-2010.
[Amended 10-7-1999 by L.L. No. 5-1999; 5-6-2010 by L.L. No. 3-2010; 5-3-2012 by L.L. No. 2-2012]
A.
Such notice as required by § 128-3 shall be served by mailing to such owner, executor, administrator, agent, or any person having a vested or contingent interest in such property, as shown by the records of the Assessor of the Town of Walworth, by regular and certified mail, return receipt requested, a copy of such notice directed to his or her last known address, as shown on the hereinabove records.
B.
Proof of service and posting shall be filed in the office of the
Town Clerk of the Town of Walworth and the County Clerk of the County
of Wayne within 10 days of both service and posting.
[Amended 5-6-2010 by L.L. No. 3-2010]
A.
In the event of the refusal or neglect of the person or persons so
notified to comply with said order of the Code Enforcement Officer
and/or Building Inspector, such person or persons shall be notified
by regular and certified mail, return receipt requested, of a date,
time and place for a hearing before the Town Board, which shall be
scheduled not less than 10 business days from the date of service
of the notice for the hearing.
B.
After the hearing, the Town Board shall provide for the remedy of
the violation, either by Town employees or by contract. Except in
an emergency, any contract for remedy of the violation in excess of
$5,000 shall be awarded through competitive bidding.
C.
Where it reasonably appears that there is present a clear and imminent
danger to the life, safety or health of any person or property due
to the violation, the Supervisor may authorize the Code Enforcement
Officer or Building Inspector to immediately remedy said violation.
D.
All costs and expenses incurred by the Town in connection with the
proceedings to remedy the violation shall be assessed against the
property where such violation is located and shall be levied and collected
in the same manner as provided in Article 15 of the Town Law for the
levy and collection of a special ad valorem levy.
