[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye
Falls 9-27-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 169.
It is hereby declared to be the policy of the Village Board of Trustees
to provide for the proper use of land to prevent unhealthful, hazardous or
dangerous conditions due to the accumulation of brush, grass, rubbish or weeds
and to protect the public health, safety and general welfare of the residents
of this village. By this chapter, the Village Board of Trustees seeks to remove
such danger to life, health and property by requiring owners of land within
the Village of Honeoye Falls to cut, trim or remove brush, grass, rubbish
or weeds within two hundred (200) feet of any residence or highway within
the Village of Honeoye Falls.
The Village Board of Trustees hereby requires owners to remedy any of
the foregoing conditions which may exist upon their land, pursuant to the
authority vested in said Board of Trustees of the Village of Honeoye Falls.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any road, street, boulevard, drive, lane or highway open
to the general public.
Includes any building or structure in which people reside, either
permanently or temporarily.
Any person, firm or corporation being the owner of real property situated
in the Village of Honeoye Falls shall cut, trim or remove brush, grass, rubbish
or weeds upon his or its land within two hundred (200) feet of any residence
or highway within the Village of Honeoye Falls.
Whenever any owner fails to comply with this chapter, the Village Board
of Trustees may cause a notice to be served requiring the owner of land to
cut, trim or remove brush, grass, rubbish or weeds upon his or its property
within two hundred (200) feet of a residence or highway. The resolution shall
specify the time within which such work shall be completed. The notice of
the adoption of such resolution shall be served upon such owner either personally
or by certified mail at his last known address.
Whenever a notice referred to in § 66-5 of this chapter has been served upon an owner of property and such owner fails, neglects or refuses to comply with the requirements of such notice within the time provided therein, the Village of Honeoye Falls or its designee shall have the right to enter upon the property in order to cut, trim or remove such brush, grass, weeds or rubbish. The expense of such work shall be a lawful charge against the owner of said property. All work done by the Village of Honeoye Falls upon the failure of the owner to comply with the notice to cut, trim or remove brush, grass, rubbish or weeds shall be charged on the following basis:
A.
When such work is performed by village employees the
costs of labor, materials and equipment shall be calculated and billed as
prescribed by administrative regulations of the village.
B.
When such work is let by contract, the amount paid to
the contractor, plus five percent (5%) of such amount to cover the cost of
clerical work and village inspection.
C.
A bill or statement of the amount of expense incurred
in doing such act shall be served upon the owner of the property by certified
mail to his last known address. If not paid within sixty (60) days of the
due date thereof, a statement of the amount thereof, with an addition of ten
percent (10%) and a description of said real property, shall be filed with
the Village Assessor. Such amount shall be added to the taxes on the real
property and shall constitute a lien and charge on said real property until
paid or otherwise satisfied or discharged.
A violation of this chapter or any part thereof by any person, firm
or corporation is hereby declared to be an offense punishable by a fine not
to exceed two hundred fifty dollars ($250.) or imprisonment not to exceed
fifteen (15) days, or both. Each days' continued violation shall constitute
a separate and additional offense.
