[HISTORY: Adopted by the Board of Trustees of the Village of Millerton 2-23-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
The owners and occupants of land in the village shall cut, trim or remove brush, debris, waste materials, rubbish, grass, weeds or the like growing or located upon such land within the village.
The owners and occupants of land within the village shall cut any and all noxious weeds, grass which is in excess of six inches and/or other rank growths located upon such land, including any growth which impedes pedestrian or vehicular traffic.
If the owner of land in the village is a resident, notice to so cut, trim or remove such brush, debris, waste materials, rubbish, grass, weeds or other materials shall be mailed to such owner at his post office address, 10 days prior to the taking of action by the village authorities pursuant to § 68-3, and such notice shall be deemed sufficient. In the event that the owner of such land is a nonresident of the village, then such notice shall be mailed to his last known address 10 days prior to the taking of action by the village authorities pursuant to § 68-3.
Should the owner and/or occupant default in complying with the provisions of § 68-1, the village may cause such brush, debris, waste materials, rubbish, grass, weeds or other materials to be cut, trimmed or removed, and the total cost thereof may be assessed upon the real property on which such brush, debris, waste materials, rubbish, grass, weeds or other materials are found. Such cost 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 Village Treasurer in the manner provided by law for the collection of delinquent taxes.
Criminal penalty. Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
Civil penalties; construal.
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this chapter nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.