[HISTORY: Adopted by the Town Board of the Town of Pompey 6-2-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town to provide for the proper use of land to prevent unhealthy, hazardous, or unsightly conditions due to the accumulation of brush, grass, rubbish, or weeds in order to protect the public health, safety and general welfare of the residents of this Town.
By this chapter, the Town seeks to remove such threats to health, life and property by requiring owners of land to take remedial action to cut, trim or remove brush, grass, rubbish or weeds.
As used in this chapter, the following terms shall have the meanings indicated:
- Uncultivated woody shrubs and/or immature trees.
- Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
- Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering; may also be used as ground covering for the establishment of drainage swales, flood routes, or water detention basins.
- Includes an individual or individuals, society, club, firm, partnership, corporation or an association of persons, and the singular number shall include the plural number.
- RESIDENTIAL DISTRICTS
- Includes zoning districts designated as "R-40" districts, "Hamlet Residential" districts and "Farm" districts in the Town of Pompey.
- A. Includes the following:
- (1) Lumber, junk, trash, debris, building materials, or any other deleterious materials.
- (2) Any abandoned, discarded or unused objects or equipment, such as, but not limited to, automobiles, automobile parts, furniture, stoves, refrigerators, freezers, appliances, cans, containers or vehicle tires.[Amended 8-5-2013 by L.L. No. 3-2013]
- (3) Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals or insects.
- (4) Any unsanitary matter or materials.
- (5) Solid waste and garbage.
- (6) Tree trimmings, brush, or shrubbery trimmings, grass clippings, trees, brush or shrubbery or portions thereof severed from their roots, or uprooted trees, brush or shrubbery.
- B. Does not include hazardous wastes.
- SOLID WASTE
- Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.
- Wild and useless plants growing at random in inappropriate locations, including such vegetation as poison ivy, jimsonweed, ragweed or other poisonous or harmful plant or plants detrimental to the public health.
It shall be a violation of this chapter for the owner of any real property in the Town of Pompey to permit, maintain, deposit or scatter rubbish over any premises.
It shall be a violation of this chapter for the owner of any real property, identified as "building lots," in a residential district to permit or maintain on any such lot or land, inclusive of the land between the curbline and lot line, any growth of brush, grass, or weeds higher than 10 inches on the average.
Notwithstanding the ten-inch height requirement set forth in Subsection B of this § 102-3, the Town Board by resolution may set a lower height requirement for a particular parcel of real property in the Town of Pompey where:
[Added 7-2-2012 by L.L. No. 2-2012]
The owner of said parcel has previously been held noncompliant with this chapter;
Said parcel is deemed by the Town Board to be vacant; or
The Town Board in its sole discretion determines that a lower height requirement for said parcel would be in the interest of public safety or welfare.
The provisions of § 102-3B of this chapter, related to the growth of brush, grass, or weeds, shall not apply to:
Special consideration. Special consideration shall be given to individuals who are elderly or disabled. If it is determined that an individual cannot maintain a reasonable level of upkeep of the owner-occupied residence because the individual is elderly or disabled, and no capable person resides in the residence, enforcement may be suspended to give the person adequate time to correct the problem.
Relief from enforcement. In addition to the foregoing special consideration, the Town Board may also, for good cause shown, adopt a resolution dispensing with or relaxing enforcement of the foregoing provisions of this section and/or the assessment or collection of costs and penalties due to such enforcement. For purposes hereby, "good cause" may include, without limitation, the lack of actual notice to a property owner, consideration of inadequate or defective service of notice, existence of landlord/tenant or similar relationship, or other circumstances where, arguably, the criteria set forth under § 102-3 may not have been clearly violated or perceived as violated, but shall in any event consist only of grounds or circumstances under which the Town Board has determined that enforcement may not be fair or equitable.
If any of the provisions of this chapter are not complied with, the Code Enforcement Officer shall serve written notice and an order to remedy such violation personally upon the owner of the property; or send it by certified mail, return receipt requested, and by regular mail addressed to the last known address of the owner; and/or post in a conspicuous place on the property.
Service of notice upon any owner of land, or the designated person to receive process as provided by law, shall suffice for the purposes of this section.
If the owner upon whom the notice is served fails, neglects or refuses to comply with said notice within 10 days after the service of such notice, or, if such notice was served by posting upon the premises, then within 15 days after such posting, the Highway Superintendent shall cause such brush, grass, rubbish or weeds on such lot or land to be cut and/or removed, and all such expenses incurred in such work shall be certified by the Highway Superintendent to the Town Clerk and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become part of the taxes next to be assessed and levied upon such 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.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Such violation shall not be a crime, and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week's continued violation shall constitute a separate additional violation.