[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 9-24-1973. Section 93-8A amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Brush and Weed Removal Ordinance."
The purpose of this chapter is to enhance the beauty of the
public streets and rights-of-way of the Village, to improve the condition
and maintenance of premises abutting such streets and rights-of-way
and to establish reasonable safeguards in that connection for the
safety, health and welfare of the residents of the Village using such
streets and rights-of-way.
Whenever the Department of Public Works shall determine that
it is necessary and expedient for the preservation of the public health,
safety or general welfare or for the elimination of a fire hazard
to require the removal of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris from any
lands within the limits of the Village, the owners, occupants or tenants
of such lands shall, within 10 days after notice from the Department
of Public Works so to do, remove from such lands all bushes, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris thereon.
In all cases where owners, tenants or occupants of lands within the Village to whom notice has been given as provided in § 93-3 shall, nevertheless, refuse or neglect to remove from such lands within the time herein provided all bushes, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the Department of Public Works shall cause the same to be removed, and the Superintendent of Public Works shall certify the cost thereof to the Board of Trustees, which shall examine the certificate and, if correct, shall cause the cost, as shown thereon, to be charged against said lands. The amount so charged shall forthwith become a lien on such lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and to be collected and enforced in the same manner.
All owners, tenants or occupants of lands lying within the Village
shall keep all brush, hedges and other plant life and trees growing
within 10 feet of any public street or right-of-way and within 25
feet of the intersection of two public streets or rights-of-way cut
to a height of no more than three feet where it shall be necessary
and expedient, in the opinion of the Department of Public Works or
the Police Department, for the preservation of the public safety,
within 10 days after notice to cut the same rendered by either of
such Departments.
In the event that an owner, tenant or occupant of land shall refuse or neglect to cut the brush, hedges or other plant life within 10 days after notice to said owner, occupant or tenant as provided in § 93-5, such brush, hedges or other plant life may be cut under the direction of the Department of Public Works of the Village.
The cost of cutting brush, hedges or other plant life by the
Department of Public Works shall be certified by the Superintendent
of Public Works to the Board of Trustees, which shall examine the
certificate and, if correct, shall cause the cost as shown thereon
to be charged against said lands. The amount so charged shall become
a lien upon said lands and be added to and become part of the taxes
next to be assessed and levied against such lands, shall
bear interest at the rate of other taxes and shall be collected and
enforced in the same manner.
A.
Any person who shall refuse or neglect to comply with the conditions of any notice as is provided for by this chapter shall be guilty of a violation of this chapter. In addition to any other penalty or remedy herein provided, each and every violation of this chapter shall be punished as provided in § 1-12 of Chapter 1, General Provisions.[1]
B.
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this chapter by injunction
or by any other remedy available to it by virtue of the judicial process.
