[HISTORY: Adopted by the Town Board of the Town of Hamlin 8-10-1987 by L.L. No. 11-1987; amended 9-8-2003 by L.L. No. 4-2003 (Ch. 35 of the 1987 Code). Subsequent amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to provide for the proper use of land to prevent unhealthful, hazardous or dangerous conditions due to the accumulation of brush, grass, rubbish or weeds or the growth of poisonous shrubs or weeds and to protect the public health, safety and general welfare of the residents of the Town of Hamlin.
By this chapter, the Town Board seeks to remove such dangers to health, life and property by requiring owners of land to cut, trim or remove brush, grass, rubbish or weeds and to cut, trim, remove or destroy poisonous shrubs or weeds and, upon default, to cause the same to be done and assess the costs against the real properties on which such brush, grass, rubbish, shrubs or weeds are found.
The Code Enforcement Officer is required to serve notice 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 Hamlin 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 Hamlin shall be required to cut, trim or remove brush, grass, rubbish or weeds upon his or its lands when ordered to do so by the Code Enforcement Officer.
Whenever the Code Enforcement Officer requires 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 Code Enforcement Officer shall specify the place, manner and time, which shall not be less than five days from the mailing or personal delivery of said notice, when such work shall be completed. Such notice shall be served upon such owner or owners by registered or certified mail addressed to the owner's last known address or by personal service.
Whenever a notice or notices referred to in § 213-4 hereof has been or have been mailed to 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 time provided therein, the Code Enforcement Officer 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 impose an administrative fee, as set from time to time by resolution of the Town Board, upon such owner or owners in the event that the owner or owners have failed to comply with the requirements of such notice or notices and the required work has been paid for from Town funds.
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 they are 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 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 and Code Enforcement Officer provided by this chapter.
Enforcement of this chapter shall be by the Code Enforcement Officer.