[HISTORY: Adopted by the Clarkson Town Board 5-26-2009 by L.L. No.
2-2009. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Removal
of Brush, Grass, Rubbish or Weeds and Spraying of Poisonous Shrubs
or Weeds Law of the Town of Clarkson."
It is hereby declared to be the policy of the Town Board 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 or growth of poisonous shrubs or weeds and to protect the
public health, safety and general welfare of the residents of this
Town. By this chapter, the Town Board seeks to remove such dangers
to health, life and property by requiring owners of land to cut, trim
or remove brush, grass, rubbish or weeds, or to spray with herbicides,
cut, trim, remove or destroy poisonous shrubs or weeds, and upon default
cause the same to be done and assess the costs against the real properties
on which such brush, grass, rubbish, shrubs or weeds are found.
A.Â
The Town Board may, from time to time by resolution, require notice
to be served upon owners as hereinafter provided to remedy any of
the foregoing conditions which may exist upon the land, pursuant to
the authority vested in said Town Board of the Town of Clarkson under
§ 64, Subdivision 5-a, and § 130, Subdivision
5, of the Town Law of the State of New York, as amended, and §§ 10
and 20 of the Municipal Home Rule Law of the State of New York.
B.Â
Whenever the Town Board adopts a resolution requiring the owners
of land to cut, trim or remove brush, grass, rubbish or weeds, or
to spray with herbicides, cut, trim, remove or destroy poisonous shrubs
or weeds upon their lands, the Town Board shall specify the place,
manner and time (not less than 10 days from the mailing and posting
of said notice) within which such work shall be completed. A notice
of the adoption of such resolution shall be served upon such owner
or owners by ordinary mail addressed to his or their last known address.
Said notice shall also be posted on the signboard in the Town Hall
and shall be conspicuously posted on the premises.
C.Â
The notice shall be in substantially the following form:
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To the owner, occupant or person having charge of land within
the Town of Clarkson briefly described as follows: (Here describe
the subject property.) Notice is hereby given that certain violations
of the Code of the Town of Clarkson currently exist at the aforementioned
property, namely: (Describe the violation.) and constitutes a public
nuisance in the Town of Clarkson. These violations must be remedied
by performing the work stated above within 10 days from the date of
this notice. If said work is not performed and said violations are
not remedied on or before the expiration of said 10 days from the
date hereof, the Town of Clarkson, New York, acting through its duly
authorized agents, servants, officers and employees, may enter upon
said property and perform said work. In this event, the expense incurred
by the Town of Clarkson shall be assessed against said property and
shall constitute a lien thereon and shall be collected in the manner
provided by law.
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Dated:
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By Order of the Town Board of the Town of Clarkson
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Supervisor:
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Councilpersons:
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Building Inspector/Code Enforcement Officer:
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D.Â
Persistent
violators. In cases where a notice has been served and posted as set
forth above and where the owner, occupant and/or the owner's agent(s)
failed to remedy the situation, and a second, or subsequent, violation
occurs within 12 months of Town Board action, the Building Inspector
or Code Enforcement Officer shall take the following action:
[Added 7-26-2016 by L.L.
No. 1-2016]
(1)Â
The
Building Inspector/Code Enforcement Officer shall serve written notice
upon such owner or owners by ordinary mail addressed to his or their
last known address. Said notice shall also be posted on the sign board
in the Town Hall and conspicuously posted on the premises.
(2)Â
The
notice for persistent violators shall be in substantially the following
form:
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To the owner, occupant or person having charge of land within
the Town of Clarkson briefly described as follows: (Here describe
the subject property.) Notice is hereby given that certain violations
of the Code of the Town of Clarkson currently exist at the aforementioned
property, namely: (Describe the violation.) and constitutes a public
nuisance in the Town of Clarkson. The record owners of this property
have been cited and failed to correct this violation at least once
in the previous 12 months. These violations must be remedied by performing
the work stated above within five days from the date of this notice.
If said work is not performed and said violations are not remedied
on or before the expiration of said five days from the date hereof,
the Town of Clarkson, New York, acting through its duly authorized
agents, servants, officers and employees, may enter upon said property
and perform said work. In this event, the expense incurred by the
Town of Clarkson shall be assessed against said property and shall
constitute a lien thereon and be collected in the manner provided
by law.
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Dated: __________
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  Building Inspector/Code Enforcement Officer
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(3)Â
The
Building Inspector/Code Enforcement Officer shall provide to the Town
Board a list of persistent violators and a list of notices given to
said violators on or before the last day of each and every month where
such notices have been given. Such notice may be by electronic means
and incorporated in the reports normally provided to the Town Board
by the Building Inspector/Code Enforcement Officer.
Any person, corporation or association being the owner of real
property in the Town of Clarkson, outside of incorporated areas, shall
be required to cut, trim or remove brush, grass, rubbish or weeds,
or to spray with herbicides, cut, trim, remove or destroy poisonous
shrubs or weeds, upon his, her or its lands when ordered to do so
by resolution of the Town Board.
A.Â
Whenever a notice or notices referred to in § 45-3 hereof has been or have been served upon such owner or owners of the respective lots or parcels of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Town Board shall authorize the work to be done and shall pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purpose.
B.Â
The Town shall be reimbursed for the cost of the work performed or
services rendered by direction of the Town Board, as hereinabove provided,
by assessment and levy upon the lots or parcels of land wherein such
work was performed or such services rendered, and the expense so assessed
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 in the same manner and at the same time as other Town
charges.
