Town of Elmira, NY
Chemung County
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[HISTORY: Adopted by the Town Board of the Town of Elmira 9-20-1994. Amendments noted where applicable.]
Open burning — See Ch. 87.
Littering and dumping — See Ch. 138.
Timber harvesting — See Ch. 206.
The purpose of this chapter is to promote the health, safety and general welfare of the inhabitants of the Town of Elmira and others by eliminating environmental pollution.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
Shall carry their customary meanings and as the same are generally known and described in the community.
Includes waste, metal, tin cans, paper, cardboard, cardboard boxes, rags, ashes, cinders, glass, automobile bodies, automobile parts, cement, macadam, excavated highway surfaces, bricks, boards, buildings, materials from demolished buildings, trees, limbs, bark, sawdust, trunks, weeds, leaves, and any and all discarded substances of a solid and incombustible nature and as the same is generally known and described in the community.
The owner of any parcel or lot of land contained within the boundaries set forth in § 73-4 below shall be required to cut, trim and remove from such parcel or lot of land owned by him brush, grass, rubbish and weeds and to spray poisonous shrubs or weeds on such parcel or lot of land that are determined to present a fire or health hazard within 10 days after written notice to do so shall have been served upon him by the Town of Elmira.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of this chapter shall apply to owners of any parcel of land within the following described area:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Elmira, County of Chemung and State of New York, bounded and described as follows: viz., Beginning in the center of the Chemung River on the west line of the City of Elmira, said point of beginning is also on the division line between the Town of Elmira on the north and the Town of Southport on the south. Running thence from said point of beginning north 21° 52' W. along the west line of the City of Elmira 6,209.4 feet, plus or minus, to an iron pin, said iron pin being 2,162.95 feet north of the north line of Fassett Road; thence N. 71° 43' 22" W. a distance of 6,235.56 feet, plus or minus, to an iron pin standing at the northeast corner of lands conveyed by Hiram S. and Edith Beecher to Murray and Martha Rinebold by deed recorded in the Chemung County Clerk's Office in Book of Deeds No. 262 at Page 233; thence N. 88° 42' W. along the north line of lands so conveyed to said Murray and Martha Rinebold a distance of 806.07 feet, plus or minus, to a point on the Town line between the Town of Big Flats on the west and the Town of Elmira on the east; thence S. 1° 59' 15" W. along the last said Town line a distance of 6,459.78 feet, plus or minus, to an iron bolt marking a corner on the Town line at West Water Street near Clark's Glen; thence S. 46° 19' W., a distance of 1,617 feet, plus or minus, to the southwest corner of the Town of Elmira; thence easterly along the Town line between the Town of Elmira on the north and the Town of Southport on the south, said Town line also being the center of the Chemung River, various courses and distances to the place of beginning, being a portion of the Town of Elmira taken from the southwesterly corner thereof.
All bearings are referred to the true north.
Service of the aforesaid notice to remove such fire and health hazards and weeds, as aforesaid, may be made personally or by registered mail upon the owner, or by leaving such notice with a person of suitable age or discretion in any building upon any such lot or parcel of land, or, where the address of the owner is not known, by affixing such notice to some object thereon where it is likely to be seen. If the owner of such lands is a nonresident, such notice shall be sent by registered mail to such owner addressed to his last known address, which shall be sufficient service thereof.
The owner may appeal the notice of violation by filing a written statement containing the reason for appeal with the Town of Elmira Clerk within eight days of the receipt of the notice of violation.
Thereafter, the Clerk shall schedule a hearing before the Supervisor within six days of the receipt of the owner's written appeal and immediately give written notice to the owner of the date, place and time of the hearing.
The Supervisor shall notify the owner and the Town Building Inspector, in writing, of his decision within four days of the hearing.
Upon default by the owner, the Town of Elmira may cause such grass, brush, rubbish and weeds to be cut, trimmed and removed and such poisonous shrubs or weeds to be sprayed by the Town of Elmira, or the Town of Elmira may enter into a contract with an independent contractor to perform such work, and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such brush, grass, rubbish, weeds or poisonous shrubs or weeds are 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.
This chapter shall be enforced by the Building Inspector of the Town of Elmira.