[HISTORY: Adopted by the Common Council of City of North Tonawanda 8-16-1965; amended in its entirety 7-14-1986. Subsequent amendments noted where applicable.]
Nuisances — See Ch. 62.
It shall be unlawful for an owner or for the agent or lessee of said owner to permit, on any lot, place or area the size of two acres or less which he owns within the city, the growth to a height of over six inches of noxious weeds, grass or other unhealthful plants in any R-zone or parcel abutting any R-zone as defined in Chapter 103 of the Code of the City of North Tonawanda. In all other zones, it shall be unlawful for an owner or for the agent or lessee of said owner to permit, on any lot, place or area the size of two acres or less which he owns within the city, the growth to a height of over one foot of noxious brush, weeds, grass or other unhealthful growths of plants. Brush, weeds, grass or other unhealthful growths of plants are herein defined to include, but not to be limited to, all rank vegetable growth which exhale unpleasant and noxious odors and also high and rank vegetable growths that may conceal filthy deposits. Furthermore, it shall be the duty of an owner or an agent or lessee of said owner to cut back 50 feet around the perimeter if said property is larger than two acres in size. The requirements of this section do not apply to thickly wooded areas.
[Amended 5-7-1996; 5-18-1999]
The Building Inspector and Code Enforcement Officer are hereby authorized and empowered to notify in writing the owner or the agent or lessee of such owner to cut, destroy and/or remove noxious brush, weeds, grass or other unhealthful growths of plants that have grown to an unlawful height as described in § 100-1 above on any lot, place or area within the City limits which belongs to such owner. Service of said notice can be made personally or by mail addressed to the last known place of residence of such owner or lessee or agent of such owner.
[Amended 4-5-1988; 7-3-1990]
If the owner of any such lot, place or area or the agent or lessee of such owner fails, neglects or refuses to cut and remove or cause to be cut and removed the brush, weeds, grass or other unhealthful growths of plants after five days from the date of service of the notice provided for in § 100-2 herein or if no person can be found in the City of North Tonawanda who either is or claims to be the owner of such lot, place or other area or who either represents or claims to represent such owner, then the Department of Public Works shall cause such brush, weeds, grass or other unhealthful growth of plants to be cut and removed. Said cost of cutting and removing, plus $50 for inspection and other additional costs in connection therewith for the first such inspection in any calendar year, shall be certified by the Department of Public Works to the City Assessor. Said cost for inspection and additional costs in connection therewith shall be charged at the rate of one $100 for each inspection required after the first one in any calendar year. The City Assessor shall assess this amount upon the real property on which such brush, weeds, grass or other unhealthful growth of plants were cut and removed, and this total amount shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the City Treasurer in the manner provided by law for the collection of taxes or delinquent taxes.
Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a violation and subject to a fine of not more than $250 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
If any section, subdivision, paragraph or provision of this ordinance shall be adjudged to be invalid, such adjudication shall apply to such portion thereof so expressly adjudged invalid, and the remainder of this ordinance shall remain in all respects valid and effective.
This ordinance shall take effect immediately upon publication as required by the Charter in the city's official newspaper.
As used in this ordinance, the following terms shall have the meanings indicated:
- That area of city property lying adjacent to the street between the curb or the edge of the pavement in the absence of curbs and the sidewalk or the abutting property line in the absence of sidewalks.
It shall be the duty of every owner or occupant of any premises fronting on any public street to keep the terrace in front of the same in good order and repair. Said duty shall include but not be limited to the cutting and removing of noxious brush, weeds, grass or other unhealthful growths of plants, as defined in § 100-1 of this ordinance, that have grown to a height of one foot or more on such terrace.
If any owner or occupant required to maintain the terrace pursuant to § 100-8 of this ordinance fails to do so after receiving the above notice, then the Department of Public Works shall cause such brush, weeds, grass or other unhealthful growths of plants to be cut and removed with the costs and fees to be assessed in the same manner as in § 100-3 of this ordinance.
These amendments shall become effective on the day after publication in the official newspaper of the City of North Tonawanda, New York.