No person, firm or corporation owning or occupying
property within the Village of Waverly shall permit any grass or weeds
or any vegetation whatsoever, not edible or planted for some useful
or ornamental purpose, to grow or remain upon such premises within
40 feet of a property line so as to exceed a height of six inches
or to throw off any unpleasant or noxious odor or to conceal any filthy
deposit or to create or produce pollen. Any grass, weeds or other
vegetation growing upon any premises in the village in violation of
any of the provisions of this section is hereby declared to be a nuisance
and detrimental to the health, safety, cleanliness and comfort of
the inhabitants of the Village of Waverly.
[Amended 9-23-2008 by L.L. No. 1-2008]
A. Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be subject to a fine of:
(1) First offense: up to $250 and/or up to 15 days in
jail.
(2) Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3) Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4) Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
B. Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article a subsequent conviction will be subject
to a first offense fine.
No person, firm or corporation owning or occupying
lands lying within the Village of Waverly shall permit any brush,
hedges, weeds and other plant life to grow or remain upon such premises
within 10 feet of any roadway and within 25 feet of the intersection
of two roadways cut to a height of not more than 2 1/2 feet where
it shall be necessary and expedient for the preservation of the public
safety. Any brush, hedges, weeds or other plant life growing upon
any premises in the village in violation of any provisions of this
section is hereby declared to be a nuisance and detrimental to the
health, safety, cleanliness and comfort of the inhabitants of the
Village of Waverly.