[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay as Ch. 7, Art. III, of the 1975 Code. Amendments noted where
applicable.]
It is hereby declared to be the policy of the Village Board
to provide for the proper use of land to prevent unhealthful, hazardous
or dangerous conditions due to accumulations of brush, grass, weeds
or other like matter. By this chapter, the Village Board seeks to
remove such dangers to health, life and property by requiring owners
of land to cut, trim or remove brush, grass, weeds or other like matter
and, upon default, to cause the same to be done and assess the cost
against the real properties on which such brush, grass, weeds or other
like matter is found.
[Amended 10-8-1991 by L.L. No. 4-1991; 8-25-2009 by L.L. No.
2-2009; 7-23-2019 by L.L. No. 3-2019]
It shall be unlawful for any person having control or ownership
of any type of tenancy of occupied or unoccupied land or any part
thereof in the Village of Solvay, New York, to permit or maintain
on such land or portion thereof or along the street, road, sidewalk
or alley adjacent to the land or portion thereof between the property
line and the pavement of the road or middle of an alley any growth
of brush, grass, weeds or other like vegetative matter to a height
greater than 10 inches (254 millimeters) on the average or any accumulation
of dead brush, grass or weeds. Whenever the Code Enforcement Officer
shall find any such accumulation of brush, grass, weeds or other like
vegetative matter in excess of 10 inches (254 millimeters), said Code
Enforcement Officer shall provide notice to remedy, as hereinafter
provided, such alleged violation to any person having control or ownership,
as set forth herein.
[Amended 8-25-2009 by L.L. No. 2-2009]
Any person, being the owner of real property in the Village,
shall be required to cut, trim or remove brush, grass, weeds or other
like matter upon his or her lands when directed to do so by notification
of the Code Enforcement Officer.
[Amended 8-25-2009 by L.L. No. 2-2009; 4-23-2019 by L.L. No. 2-2019]
Whenever the Code Enforcement Officer or his duly designated
representative shall issue a notice requiring the owner of land within
the Village to cut, trim or remove brush, grass, weeds or other like
vegetative matter upon his or her lands, such notice shall be in writing,
shall include a statement of the reasons why it is being issued and
shall be served upon the owner or the person designated to receive
process as provided by law. Notice shall be deemed to be properly
served if a copy thereof is served upon the owner or the person designated
to receive process personally or is sent by certified mail, return
receipt requested, and by regular mail to the last known address of
the owner, as listed and maintained in the tax records of the Village,
and is posted in a conspicuous place in or about the premises affected
by the notice. Such notice shall specify that within 10 days from
the receipt of notice, the owner or its agent must undertake such
necessary corrective action so as to abate the violation.
[Amended 8-25-2009 by L.L. No. 2-2009; 4-23-2019 by L.L. No. 2-2019]
Whenever a notice referred to in § 56-4 hereof has been served upon the owner or the designated agent of a lot or parcel of land to cut, trim or remove brush, grass, weeds or other like vegetative matter, and such owner or designated agent shall neglect, fail or refuse to comply with the requirements of such notice within the time provided therein, the Code Enforcement Officer shall make an inspection and shall cause such noncompliance to be remedied.
[Amended 4-23-2019 by L.L. No. 2-2019]
The action cost of cutting and removal, plus a 20% fee for inspection
and administrative overhead therewith, shall be certified by the Code
Enforcement Officer to the Village Clerk and shall thereupon become
and be a lien upon the property on which said brush, grass, weeds
or other like vegetative matter were located and shall be added to
and become a part of the taxes next to be assessed and levied upon
lot or land and shall bear interest at the same rates as taxes and
shall be collected and enforced by the same officer and in the same
manner as taxes levied and assess against such property.
[Added 8-25-2009 by L.L. No. 2-2009[1]]
Whenever the Code Enforcement Officer shall determine that an
emergency exists which requires immediate attention to protect the
public health or safety, the Code Enforcement Officer may, without
notice or hearing, issue an order to the owner or occupant, or the
agent of either, reciting the existence of such an emergency and requiring
that such action be taken as the Code Enforcement Office deems necessary
to abate the emergency. Any person to whom an order is directed must
comply therewith immediately but upon written petition may be afforded
a hearing by the Village Board. After the hearing, the Code Enforcement
Officer must continue the order or modify or withdraw it.
[Added 10-8-1991 by L.L. No. 4-1991]
An offense against the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
