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 Champlain under
§ 64, Subdivision 5-a, and § 130, Subdivision
5, of the Town Law of the State of New York, as amended.
Any person, corporation or association being the owner of real
property in the Town of Champlain outside of incorporated areas shall
be required to cut, trim or remove brush, grass, rubbish or weeds
and cut, trim, remove or destroy poisonous shrubs or weeds upon their
lands when ordered to do so by resolution of the Town Board.
Whenever the Town Board adopts a resolution requiring the owners
of land to cut, trim or remove brush, grass, rubbish or weeds or 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 five days from the receipt 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 registered or certified
mail addressed to his or their last known address or by personal service.
Whenever a notice or notices referred to in §Â
50-4 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 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 same time provided therein, the Town Board shall authorize the work to be done and pay the cost thereof out of Town funds to be appropriated by the Town Board for such purposes.
The Town shall be reimbursed for costs of 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 expenses 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.
A violation of this chapter or any subsection or provision thereof
shall be an offense and shall be punishable by a fine not exceeding
$250 or by imprisonment for a period of not to exceed 15 days, or
by both such fine and imprisonment. Each week's continued violation
shall constitute a separate additional violation. These penalties
shall be in addition to the other remedies of the Town Board provided
by this chapter.
[Amended 9-14-2021 by L.L. No. 2-2021]
Enforcement shall be by the Town Code Officer, or their designee.