[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 7-11-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING INSPECTOR
- The Building Inspector of the Village of Montgomery or his duly authorized representative.
- Includes one or more persons of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- SUPERINTENDENT OF PUBLIC WORKS
- The Superintendent of Public Works of the Village of Montgomery or his duly authorized representative.
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 building lot or plot of land or any part thereof in any developed section of the Village of Montgomery to permit or maintain on any such lot or plot of land or on or along the sidewalk, street or alley adjacent to the same, between the property line and the curb or the middle of the alley or for 10 feet outside of such property line, if there be no curbline, any growth of weeds, grass or other rank vegetation to a height greater than 10 inches on the average or any accumulation of dead grass, weeds or brush. It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on any such lot or plot of land in such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Montgomery 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 § 41-2, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and October 15 shall be deemed to be a compliance with this chapter.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit or cause or permit to run, drop or remain or to be thrown, cast or deposited, in or upon any vacant lot of land or vacant place upon the surface of any lot of land, enclosed or otherwise, within the Village of Montgomery, except at such place or places as designated or provided by the Board of Trustees of the Village of Montgomery, any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes, shavings or any filthy, combustible or flammable materials, rubbish, garbage or dirt whereby a fire hazard, danger or risk is or may be engendered or injuriously effected or whereby the premises of another or the enjoyment of the premises of another are or may be injured, damaged, interfered with or prejudiced. Nothing in this section shall be construed as to prohibit the depositing of manure upon any private property for the cultivation of the same.
If the provisions of the foregoing sections are not complied with, the Building Inspector or the Superintendent of Public Works or their designees shall serve written notice, either personally or by certified mail, return receipt requested, upon the owner, lessee or occupant or any person having the care or control of any such lot of land to comply with the provisions of this chapter. If the person upon whom the notice is served fails, neglects or refuses to cut, remove or cause to be cut and removed such weeds, grass vegetation or rubbish within five days after receipt of such notice or if no person can be found in the Village of Montgomery 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 Building Inspector or Superintendent of Public Works shall cause such weeds, grass, vegetation or rubbish on such land to be removed and the actual cost of such removal, plus 5% for inspection and other additional costs in connection therewith, shall be certified by the Building Inspector or Superintendent of Public Works as to the property on which such weeds, grass, vegetation or rubbish were located and shall be added to and become and form 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 officers and in the same manner as taxes.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.