[Adopted 9-2-1997 by L.L. No. 1-1997]
This article shall be known and may be cited as the "Yard Maintenance
Law of the Village of Wolcott."
It is the purpose of this article to promote the public health,
safety and general welfare, and to maintain property within the Village
of Wolcott in a safe, healthy, and aesthetically pleasing manner.
The following words, phrases, and terms shall have the following
meanings:
JUNK
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, tools,
discarded building materials, discarded furniture, or any other unsightly
debris, the accumulation of which has an adverse effect upon neighborhood
or Village property values, health, safety, or general welfare.
MOTOR VEHICLE
As defined in § 125 of the New York State Vehicle
and Traffic Law; unlicensed motor vehicles, truck bodies, tractors
or trailers; motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
NOXIOUS WEEDS AND GROWTH
Grass, brush, rubbish, or weeds of a nature which are a fire
or health hazard, including lawns in excess of six inches in height.
PERSONS
Any person, firm, partnership, association, corporation,
company, or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
No person shall maintain, plant, or permit to remain on any
private property any noxious weeds or growth.
Complaints concerning any violation of this article shall be
made in writing, sworn to by the complainant, and filed with the Building
Inspector for the Village of Wolcott, who shall immediately cause
an investigation to be made with respect thereto and the written report
of such investigation filed with the Clerk of the Village.
Any person feeling aggrieved by any such action or notice may,
within three days after the receipt of such notice, demand the matter
be inquired into by the Village Board. Such demand must be in writing,
signed by the person seeking such inquiry, and filed with the Village
Clerk. Within a reasonable time, the Village Board shall schedule
a date, time, and place for a hearing before the Village Board in
which the aggrieved person may address the Village Board. Such hearing
shall be scheduled not less than five business days from the date
of service of the notice.
In the event of the refusal or neglect of the person so notified
to comply with said order of the Village Board and after the hearing,
the Village Board shall provide for the removal of the junk, motor
vehicle, or noxious weeds and growth, as the case may be, either by
Village employees or by contract, and the total cost thereof shall
be assessed upon the real property upon which the motor vehicle, junk,
or noxious weeds and growth are found, and shall constitute a lien
and charge upon the real property on which it is levied, until paid
or otherwise satisfied or discharged, and shall be collected by the
Village Treasurer in the manner provided by law for the collection
of real property taxes.
[Adopted 10-8-2019 by L.L. No. 2-2019]
For purposes of this article, the following words or phrases
shall have the meaning described below:
ABATE
To repair, replace, remove, destroy, or otherwise remedy
a condition which constitutes a violation of this article by using
means in such a manner and such an extent as the applicable Village
department code enforcement officer or the designee(s) of the Village
Board determines are necessary in the interest of the general health,
safety and welfare of the community.
CHRONIC NUISANCE PROPERTY
Property on which any combination of three or more nuisance
activities or conditions occur or exist during any consecutive ninety-day
period, or on which any combination of six or more nuisance activities
or conditions occur or exist during any consecutive twelve-month period.
CONTROL
The power or ability to regulate, restrain, dominate, counteract
or govern property, property conditions, or conduct or events that
occur on a property.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, or giving away of
any controlled substance as defined in the New York State Penal Law.
ENFORCEMENT OFFICER
The Village Code enforcement officer, the Village Officer
in Charge, or any other designee of the Village Board of Trustees.
NUISANCE ACTIVITY AND/OR CONDITION
Includes:
A.
Any nuisance as defined by state or federal law or local ordinance
occurring on, around or near a property, including but not limited
to violations of the following local laws of the Village of Wolcott:
B.
Any criminal conduct as defined by the New York State Penal
Law, federal law or local ordinance occurring on, around or near a
property; including, but not limited to, the following activities
or behaviors: a drug-related activity assault, fighting, menacing,
stalking, harassment, disorderly conduct, reckless endangerment, offenses
related to prostitution, domestic violence, firearms and/or weapons
violations, gambling, loitering, alcoholic beverage law violations,
and gang-related activity.
PERSON
Natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization or other
entity, or the manager, lessee, agent, officer or employee of any
of them.
PERSON RESPONSIBLE FOR PROPERTY or PERSON RESPONSIBLE
Unless otherwise defined, any person who has titled ownership
of the property or structure which is subject to this article, an
occupant in control of the property or structure which is subject
to this article, a developer, builder, or business operator or owner
who is developing, building, or operating a business on the property
or in a structure which is subject to this article and/or any person
with control over the property and allows a violation of this article
to continue.
PREMISES and PROPERTY
May be used by this article interchangeably and mean any
public or private building, lot, parcel, dwelling, rental unit, real
estate or land or portion thereof including property used as residential
or commercial property.
RENTAL UNIT
Any structure or that part of a structure, including but
not limited to a single-family home, room or apartment, which is rented
to another and used as a home, residence, or sleeping place by one
or more persons.
Whenever this article or any other provision of law authorizes
the Village or enforcement officer to declare a public nuisance pursuant
to this article, the nuisance activities or conditions may be summarily
abated by any reasonable means and without notice or hearing when
immediate action is necessary to preserve or protect the public health
or safety because of the existence of a dangerous condition or imminent
threat to life or safety on public or private property. Summary abatement
action shall not be subject to the notice and hearing requirement
of this article, and the Village enforcement officer shall not be
prohibited from summary abatement actions after initiation of proceedings
pursuant to this article, if immediate action at any time becomes
necessary to preserve or protect the public health or safety. Summary
abatement is to be limited to those actions which are reasonably necessary
to immediately remove the threat. In the event a public nuisance is
summarily abated, the enforcement officer may nevertheless keep an
account of the cost of abatement and bill the person responsible therefor.
If the bill is not paid within 15 days from the date of mailing by
certified mail to the person responsible, the enforcement officer
may proceed to obtain a special assessment/or lien against the subject
property to be collected in the same manner as other real property
tax assessment if possible. In addition to its rights to impose said
special assessment if possible, the Village shall retain the alternative
right to recover its costs by way of civil action against the persons
responsible, jointly and severally.
If any clause, sentence, paragraph, word, section or part of
this provision shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
accept, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which judgment
shall have been rendered.