[HISTORY: Adopted by the City Council of
the City of Canandaigua 10-16-1997 by Ord. No. 97-21 as Chs. 4.20
and 4.40 of the 1997 Municipal Code. Amendments noted where applicable.]
[Amended 8-3-2000 by Ord. No. 2000-006]
It shall be unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied lot or land or any part thereof in the City to permit or
maintain on any such lot or land or any part thereof in the City to
permit or maintain on any such lot or land any growth of weeds, grass
or other rank vegetation to a greater height than eight inches on
the average, or any accumulation of dead weeds, grass or brush; or
to permit or maintain on or along the sidewalk, street or alley adjacent
to such lot or land between the property line and the curb, or between
the property line and the traveled portion of such street or alley
where there is no curb, any growth of weeds, grass or other vegetation
to a greater height than eight inches on the average.
It shall also be unlawful for any such person
or persons to cause, suffer or allow poison ivy, ragweed or other
poisonous plants, or plants detrimental to health to grow on any such
lot or land in such manner that any part of such ivy, ragweed or other
poisonous or harmful weed shall extend upon, overhang or border any
public place or allow the seed, pollen or other poisonous particles
or emanations therefrom to be carried through the air into any public
place.
[Amended 8-3-2000 by Ord. No. 2000-006]
It shall be the duty of any owner, lessee or
occupant of any lot or land to cut and remove or cause to be cut and
removed all such weeds, grass or other rank, poisonous or harmful
vegetation as often as may be necessary to comply with the provisions
of this chapter.
[Amended 8-3-2000 by Ord. No. 2000-006; 8-7-2014 by Ord. No. 2014-010]
A.
If the provisions of the foregoing sections are not
complied with, the Code Enforcement Officer shall serve written notice
upon the owner, lessee, lien holder, or occupant or any person having
the care or control of any lot or land to comply with the provisions
of this article. The initial notice shall be sent by first-class mail
to the owner as listed in the current tax assessment roll and by posting
a copy of said notice on the property, if the property is occupied.
Courtesy notices may be mailed to other interested parties. The initial
notice shall give the property owner, lessee, lien holder, or occupant
five days from the date of the notice to cut the tall grass and weeds.
Subsequent violation notices within the next 12 months shall not be
required, after the initial violation notice has been sent. One notice
issued during a twelve-month period is declared as reasonable notice
for one year from the date of initial notice.
B.
If the written initial notice is undeliverable or
if, after receipt of the written initial notice, the person upon whom
the notice is served fails, neglects or refuses to cut and remove
or to cause to be cut and removed such weeds, grass or other vegetation
within five days' service of such initial notice, or if no person
can be found in the City who either is or claims to be the owner of
such lot or land or who either represents or claims to represent such
owner, the City shall cause such weeds, grass or other vegetation
on such lot or land to be cut and removed, and the actual cost of
such cutting and removal, plus 50% for inspection and other additional
costs in connection therewith, shall be certified by the Code Enforcement
Officer and shall thereupon become and be a lien upon the property
on which such weeds, grass and other vegetation were located and shall
be added to and become a part of the taxes next to be assessed and
levied upon such lot or land and shall bear interest at the same rate
as taxes and shall be collected and enforced by the same officer and
in the same manner as taxes.
C.
The City
may, after initial notice is given as provided in this section, maintain
the subject property for a period of up to one year from the day following
the service of said notice, unless and until notified by the property
owner, or someone acting on the owner's behalf, in writing, that the
property will be maintained by or for the owner, and the Code Enforcement
Officer is satisfied that such maintenance is being carried out satisfactorily.
Cessation of maintenance by the owner or by the owner's agent during
the period of one year as provided herein shall not be cause for the
Code Enforcement Officer to reissue a notice during such period, and
the Code Enforcement Officer may begin or resume the maintenance as
provided herein. In any event, notice as provided in this section
must be given each and every year thereafter, if the Code Enforcement
Officer determines that it is necessary to continue such maintenance.
The provisions of § 292-4, insofar as they relate to cutting weeds, grass and rank vegetation from lot or lands, shall not apply to any lots or lands which are under cultivation or from which crops are regularly harvested for actual use.
[Amended 5-3-2007 by L.L.
No. 1-2007]
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine not
exceeding $250 or imprisonment in the County Jail of Ontario County
for not more than 15 days, or both such fine and imprisonment. Each
day on which any such violation continues shall constitute a separate
offense.
