[HISTORY: Adopted by the Town Board of the Town of Albion as indicated in article histories. Amendments noted where applicable.]
Article I Brush, Weeds, Trash and Tire Removal
[Adopted 5-10-2010 by L.L. No. 2-2010]
This article shall be known as the "Brush, Weed, Trash and Tire Removal and Cleanup Law of the Town of Albion, Orleans County, New York."
The purpose of this chapter is to promote public health by removal of fire and health hazards by requiring the owners of land in the Town of Albion to cut, trim or remove brush, grass, rubbish, weeds, trash or scrap tires therefrom.
Every owner of land, developed or undeveloped, within the Town of Albion shall remove any and all rubbish, trash, scrap, waste materials, solid waste or scrap tires from premises owned by him or her.
Due weight and consideration shall be given to both traditional customs and procedures in the agricultural industry as more particularly described in Agriculture and Markets Law § 305, Subdivision 1, and other related sections of the Agriculture and Markets Law.
Furthermore, every owner of developed property within the Town of Albion shall cut, trim or remove brush, grass or weeds of a height of 10 inches or more on premises owned by him or her to a depth of at least 150 feet from any street or adjoining developed property lines. "Developed property" means real property which has been altered from its natural state by the addition and attachment of any improvements such as buildings, structures or other impervious areas.
Failure to comply. Upon default; the Town of Albion or its agents or licensed contractors may cause such brush, grass, weeds or other materials to be cut, trimmed or removed by the Town, and the total cost of same shall be assessed upon the real property taxes.
The Town Code Enforcement Officer of the Town of Albion is a Town official duly appointed by the Town Board of said Town.
Notice of violation.
Upon a determination by the Town Code Enforcement Officer of the Town of Albion that a certain premises and owner thereof are in violation of § 78-3 above, written notice shall be given to said owner thereof, either by personal service or certified mail, return receipt requested, addressed to the last known owner at his or her last known address as shown on the tax rolls of the Town. Such service shall be deemed sufficient for all purposes.
Such notice shall set forth the following:
The address or location of the premises.
A statement of the current conditions of the property as deemed, upon an inspection of said property, to be in violation of this article.
A demand that the solid waste, rubbish or debris, or the grass or weeds in excess of 10 inches in height, or any other listed violation of this article be removed from or remedied on the property on or before five days after the service or the mail posting date of such notice. The ten-inch requirement applies only to grass, weeds and/or brush.
A statement that a failure or refusal to comply with the provisions of this article within the specified time may result in a duly authorized agent or employee of the Town of Albion entering onto the property and removing such solid waste, rubbish or debris, or cutting the grass or weeds, and/or causing the same to be disposed of or otherwise destroyed.
A statement that the cost and expense of such removal, cutting, disposal and/or destruction shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
The notices herein referred to will remain in effect for one calendar year from the date thereof. Any continued or repeated violations of this article within the said one calendar year may be enforced by the procedures set forth herein without any further notice to the landowner.
All such notices will be signed and issued by the Town Code Enforcement Office.
Penalties for offenses.
Each day a violation continues after notice of violation shall constitute a separate violation of this article. No additional notices shall be required for continuing violations, and an additional penalty may be assessed against the owner of said premises for each day the violation exists. Penalties may be collected in the same manner provided for in Subsection A(2)(e) hereof.
In addition to the rights hereinabove provided for, the penalty to said landowner will be an amount not to exceed $250 per day for each day the premises is in violation, in that each day constitutes a new offense under this article.
The provisions of this article shall not apply to cultivated crops, shrubs or trees or other landscaping or weeds or grass which may intermingle with cultivated crops, until such time as said crops are harvested or shall have been harvested on developed property.
Nothing in this article shall prohibit a municipality from entering onto private property to remove any solid waste, motor vehicle, appliance, rubbish or debris whenever there exists an imminent threat to the life or safety of persons. Municipal authority pursuant to this section may only be exercised where there is a dire necessity to protect life and safety. Any municipal action taken pursuant to this section must be reasonably calculated to alleviate or prevent the crisis condition and must be limited to those actions necessary to eliminate the emergency situation.
A property owner shall be given notice and an opportunity to be heard prior to any costs and expenses incurred pursuant to this section being placed on the property's tax bill.