This chapter shall be known as the "Weeds, Tall Grass and Objectionable Vegetation Law of the Town of Dickinson."
[HISTORY: Adopted by the Town Board of the Town of Dickinson as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-6-1992 by L.L. No. 3-1992 (Ch. 103 of the 1983 Code)]
This chapter is enacted for the purpose of promoting the health, safety and general welfare of Town residents by controlling the accumulation of weeds, tall grass and other objectionable vegetation on private and public property in the area of the Town of Dickinson outside the Incorporated Village of Port Dickinson.
As used in this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them:
Such vegetation as poison ivy, jimsonweed, ragweed or other poisonous or harmful plant or plants detrimental to the public health.
Plant matter such as brush, grass, leaves, weeds and tree trimmings which has been cut or harvested.
This chapter is applicable to any lot or tract of land in the Town of Dickinson outside the Incorporated Village of Port Dickinson, except for such lots of five or more acres, wherein the provisions of this chapter, as they relate to weeds, tall grass and other objectionable vegetation, shall not apply.
A.
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 lot or tract or any part thereof in the Town of Dickinson to permit or maintain on any such lot or tract any growth of weeds, grass or other objectionable vegetation to a height greater than 10 inches on the average or any accumulation of yard waste or to permit or maintain on or along the sidewalk, street or alley adjacent to such lot or tract, between the property line and the curb or between the property line and the traveled portion of such street or alley where there is no curb, any growth of weeds or grass to a height greater than six inches on the average.
[Amended 11-9-2009 by L.L. No. 5-2009]
B.
It shall be unlawful for any such person or persons to cause, suffer or allow any vegetation, including but not limited to weeds, tall grass and objectionable vegetation, to grow on any such lot or tract in any such manner that any part of such vegetation shall extend upon or overhang any public sidewalk, roadway or curb. It shall also be unlawful for any person or persons to cause grass clippings to be deposited in the area of curbs, streets or roadways such that said clippings could eventually restrict storm drains or enter storm drains that carry surface waters to the Susquehanna River Basin.
[Amended 2-3-1993 by Ord. No. 2-1993; 5-12-2014 by L.L. No. 3-2014]
C.
Upon the failure of any such person or persons to cut, trim or remove weeds, grass, other objectionable vegetation or yard waste within 10 days from the time a notice to cut, trim or remove such weeds, grass, other objectionable vegetation or yard waste has been served, the Town of Dickinson may cause such weeds, grass, other objectionable vegetation or yard waste to be cut, trimmed or removed and the total cost thereof, including but not limited to moneys actually paid out by the Town, time and expenses of the Town officials and employees involved in the service of the notice and the actual cutting, trimming or removal of the weeds, grass, other objectionable vegetation or yard waste in connection with the enforcement of the provisions of this chapter, shall be assessed upon the real property on which such weeds, grass, other objectionable vegetation or yard waste were found, 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.
Any notice required to be served pursuant to the provisions of this chapter shall be served as follows:
A.
By mail to the owner addressed to the last known address of the owner; and
B.
By attaching or placing a copy of said notice upon any structure on said lot or tract of land and, if no structure is available upon said lot or tract of land, by attaching said notice upon the nearest utility pole or other support.
[Amended 11-9-2009 by L.L. No. 5-2009]
A violation of any provision of this chapter is an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each week's violation shall constitute a separate offense punishable by like penalty.
[Adopted 6-9-2025 by L.L. No. 2-2025]
A.
All rental dwellings existing as of the effective date of this article shall be registered on or before September 1, 2025.
B.
The owner of a new and existing rental dwelling, or any dwelling newly converted to a rental dwelling, shall register the rental dwelling prior to allowing occupancy of any new rental unit.
C.
Required. Every owner of a rental dwelling, who does not reside in Broome County or adjoining county, must designate a property manager to be responsible for maintaining said property in compliance with the provisions of this article. For property owners of two or less rental dwelling units, said property manager must have a "power of attorney" to grant the property manager the authority to act on behalf of the property owner in matters of property issues, including, but not exclusive, to twenty-four-hour inspections, etc. For property owners with three or more rental units in the Town of Dickinson, the property owner must additionally register a property manager. This includes single-family homes that are rentals. Property owners have 30 days to register this property after acquiring property.
D.
Registering of property managers. Property owners must register with the Code Enforcement Officer the address of the property, number of apartments, number of occupants for each apartment, the property owner's name and proof of ownership, address and proof of residency, email address, and phone number, the property manager's name, address, email address, and phone number. Post office box addresses are not acceptable. A fee of $75 shall be payable upon registration.
E.
A designated agent of the property owner may be served with a notice of violation or order of violation or an appearance ticket or other service of process, whether criminal or civil, pursuant to and subject to the provisions of law, as if it actually was served upon the property owner. The property owner will also be sent any notices regarding this property. No property owner who designates an agent pursuant to the provisions of this article may assert the defense of lack of notice or lack of in persona jurisdiction based solely upon the service of process upon his designated agent. Any such property manager registration statement or designation of a managing agent shall be deemed prima facie proof of the statement therein contained, in any criminal or civil prosecution instituted by the Town of Dickinson or by any proper prosecutorial agency against the owner or managing agent of a rental property.
F.
Penalty. Any property owner in violation of the subsections above for a period of 30 days after notification by mail from the Code Enforcement Officer shall be levied a court appearance, and a fine of $50 for the first offense. Each week the violation continues shall be deemed a separate and distinct offense with a fine of $50 for each offense.
Every owner of a dwelling shall be responsible for maintaining, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof and shall be responsible for compliance with the provisions of this article and shall remain responsible thereafter regardless of the fact that this article may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
A.
Duty of occupant. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
B.
Liability of occupant. Every occupant of a dwelling or dwelling unit shall be liable if a violation is caused by his own willful act, assistance or negligence or that of any member of his family or household or his guests.
A.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers.
B.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than three dwelling units. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers. It shall be prohibited to store or accumulate garbage or refuse in public halls and stairways.
C.
No refrigerator may be discarded, abandoned or stored in a place accessible to children without first removing any locking devices or the hinges of the door or doors.
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provision of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. This liability on the part of the occupant shall not relieve the owner of the responsibility of remedying any defect nor of any other liability imposed upon the owner by law, but it shall subject the occupant to the penalties of this chapter, upon proper proof of any willful or malicious act he has performed.
A.
Yards, lawns and courts shall be maintained in a clean, sanitary and safe condition and free from infestation insofar as said occupant occupies or controls said yards, lawns and courts or any part thereof. The maximum allowable height for grass or weeds on any yard, lawn or court or any part thereof shall be 10 inches.
B.
Undeveloped lots or portions thereof shall be maintained in a clean, sanitary and safe condition and free from infestation. The maximum allowable height for grass or weeds on any undeveloped lot or any part thereof shall be 10 inches.
Upon failure of the owner or occupant or other person having charge of any building or lot of ground within the Village to maintain said building or lot of ground in compliance with the housing standards set forth in this article within seven days from the time such person has been served with a notice to maintain properly a yard, open porch, court, lawn or vacant lot and within 30 days from the time such person has been served with a notice to maintain properly any dwelling or part thereof, the Town may cause said maintenance to be completed, and the total cost thereof shall be assessed upon the real property on which said maintenance is completed and 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 Town Treasurer in the manner provided by law for the collection of delinquent taxes. A notice issued herein shall be served either personally upon the owner, the manager designated by this section or responsible person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at his or her last known address.