[HISTORY: Adopted by the Town Board of the Town of Albion
as indicated in article histories. Amendments noted where applicable.]
[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.
A.
Removal requirements.
(1)
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.
(2)
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.
(3)
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.
B.
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.
A.
Notice of violation.
(1)
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.
(2)
Such notice shall set forth the following:
(a)
The address or location of the premises.
(b)
A statement of the current conditions of the property as deemed,
upon an inspection of said property, to be in violation of this article.
(c)
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.
(d)
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.
(e)
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.
(3)
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.
(4)
All such notices will be signed and issued by the Town Code Enforcement
Office.
B.
Penalties for offenses.
(1)
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.
(2)
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.
A.
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.
B.
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.
