[Adopted 1-5-1976 by L.L.
No. 1-1976 (Ch. 137, Art. II, of the 1976 Code);
amended in its entirety 9-23-2004 by L.L. No. 12-2004]
It shall be unlawful for the owner or occupant of any lot, tract
or parcel of land, unoccupied as well as occupied, in the Village
of Monticello, New York, to suffer, maintain or permit to remain thereon
any accumulation of debris, decayed vegetable matter, filth, dangerous
trees, rubbish or trash.
It shall be the duty of the owner or occupant of any lot, tract
or parcel of land, unoccupied as well as occupied, in the Village
of Monticello, New York, to cut down and remove from such lot, tract
or parcel of land all excessive growth of weeds, noxious plants, underbrush
or dangerous trees.
[Amended 6-18-2007 by L.L. No. 13-2007]
This article shall be administered and enforced by the Department
of Public Works of the Village of Monticello with the assistance of
the Code Enforcement Official and/or Enforcement Officer and the Police
Department of the Village of Monticello as set forth below:
A.
Upon the determination of the Department of Public Works or the Code Enforcement Official and/or Enforcement Officer that a violation exists pursuant to the provisions of § 200-6 hereof, and should the owner or occupant of any lot, tract or parcel of land in the Village of Monticello, New York, fail, refuse or neglect to remove therefrom any accumulation of debris, decayed vegetable matter, filth, rubbish, trash or dangerous trees, or should the owner or occupant of any lot, tract or parcel of land in the Village of Monticello, New York, fail, refuse or neglect to cut down and remove therefrom all excessive growth of weeds or other noxious plants, underbrush or dangerous trees, such owner, if the real estate is unoccupied, or such owner and occupant, if the real estate is occupied, shall be served with a three-day notice, in writing, directing such owner and/or occupant, as the case may be, to abate the nuisance existing on the real estate by reason of the accumulation of debris, decayed vegetable matter, filth, rubbish, trash, excessive growth of weeds, dangerous trees or other noxious plants or underbrush, as provided in Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello.
B.
In addition to any other penalty provided under the law for noncompliance with § 200-6, the Code Enforcement Official and/or Enforcement Officer or Police Department of the Village of Monticello may issue an appearance ticket, returnable to the Village Justice at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged ordinance violation, date and time and a description of the noncompliance involved, a copy of which shall be forwarded to the Justice and shall be accompanied by an information form detailing the violation.
If, within said three days, the owner or occupant should fail,
refuse or neglect to abate the nuisance, the Village of Monticello
may undertake to abate the same through the use of its own personnel,
facilities or equipment, or the Village of Monticello, New York, may
contract with an independent contractor or contractors to do the work
and cause the nuisance to be abated. In either event, the costs incurred
by the Village to accomplish the abatement of the nuisance shall be
assessed against and be a lien upon the lot, tract or parcel of land
where the nuisance existed, inclusive of any and all legal fees, costs
and disbursements expended for said abatement.
Service upon the owner and/or occupant of the three-day notice hereinbefore provided for shall be either by personal service or by mailing the notice to the addressee's last-known address as the same appears on the records of the Village of Monticello, New York, in accordance with Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello. In the event that the lot, tract or parcel of land is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot, tract or parcel of land.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello. Nothing contained in this article shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this article. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this article.
In addition to the provisions of this article, see Chapter 177, Littering, of the Code of the Village of Monticello for regulations currently in effect in the Village of Monticello regarding littering.
