[HISTORY: Adopted by the Board of Trustees of the Village of Dundee as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-2007 by L.L. No. 3-2007]
As used in this article, the following terms shall have the meanings indicated:
- Small twigs, tree limbs or branches from cut trees, bushes and shrubs.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer or his duly authorized representative.
- COMPOSTING MATERIALS
- Yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural transformation into compost and stored in a container or compact pile that:
- Food wastes, food wrappers, containers, nonrecyclables or other materials resulting from the use, consumption and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags or glass etc., or any other wastes generated from day-to-day activities of a household, business or public or quasi-public facility. The term "garbage" does not include properly prepared and stored recyclable materials or properly maintained compost areas.
- GROUNDS AND EXTERIOR PROPERTY
- Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one, and the street pavement.
- MULCH MATERIALS
- Mulch material consists of shredded bark, coca beans, sawdust, mushroom soil and buckwheat hulls.
- Any person, persons or entity who shall have legal title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building or structure or part thereof as owner or agent of the owner or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this article and shall have responsibility over the portion of the premises so sublet, leased or assigned.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- PUBLIC VIEW
- Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties or properties within 100 feet of the subject property.
- RANK VEGETATION
- Includes lawns, fields, weeds, plants and rotting vegetables.
Every owner of any area, lot or parcel of land shall be responsible to cut, trim or otherwise remove all grass, weeds, brush or plant growth in excess of eight inches, excluding maintained flower beds, gardens and shrubs, for the entire lot or plot of land. It shall be the duty of any person owning any plot of ground in the Village to prevent the growth of weeds thereon as shall constitute a health hazard, fire hazard, safety or traffic hazard or public nuisance.
Property owners of any lot or land located in the Village shall maintain their respective curbs, gutters, ditches and sidewalks bordering their parcels of land in such condition as to be clear of all growth of grass, weeds, brush or plant growth within the curb, gutter, ditch and sidewalk to less than a height of eight inches.
Any vacant lot within the Village of Dundee not containing buildings or structures must be mowed or brush hogged when weeds or growth reaches two feet in height.
Exceptions to rank growth prohibited. Areas difficult or unsafe to mow due to water, steep banks, or areas of thickly grown trees.
It shall also be unlawful for any such person to knowingly or purposely allow poison ivy, ragweed, hogweed, or other poisonous plants or plants detrimental to health to grow on any such lot or plot of land in the Village of Dundee.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Dundee to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 99-2.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit or cause or permit to be thrown, cast or deposited in or upon any plot or lot of land, enclosed or otherwise, within the Village of Dundee, New York, except at such place as designated or provided by the Board of Trustees of the Village of Dundee, New York. Materials prohibited are any waste, leaves, brush, tree limbs, fallen or cut trees, organic material or inorganic material, hay, weeds, straw, litter, wastepaper, boxes or shavings or any filthy, combustible or flammable materials, rubbish, garbage, dirt, any materials that constitute a fire hazard, danger or risk is or may be engendered or injuriously effected or whereby the premises of another or the enjoyment of the premises of another are or may be injured, damaged, interfered with or prejudiced. Materials exceptions are composting materials and mulch materials. Composting materials are not allowed in front yards.
If the provisions of the foregoing sections are not complied with, the Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care or control of any such lot of land to comply with the provisions of this article. If the person upon whom the notice is served fails, neglects or refuses to cut, remove or cause to be cut and removed such weeds, grass, vegetation or rubbish within five days after receipt of such notice or if no person can be found in the Village of Dundee who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Code Enforcement Officer may, following approval of the Board of Trustees, cause such weeds, grass, vegetation or rubbish on such land to be removed, and the actual cost of such removal, plus 10% for inspection and other additional costs in connection therewith, shall be certified by the Code Enforcement Officer as to the property on which such weeds, grass, vegetation or rubbish were located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person committing an offense against any of the provisions of this article shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not less than $25, up to the maximum penalty of $250, or by imprisonment for not more than 15 days, or both. Each day of continued violation shall constitute a separate additional violation.