As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind.
[Amended 6-13-2012 by L.L. No. 2-2012]
It shall be unlawful for any person having control or ownership
of any type of tenancy of occupied or unoccupied land that is improved
by a dwelling, building or other structure, or any part thereof, in
the Town of Chester to permit or maintain on any such land or portion
thereof or along the street, road, sidewalk or alley adjacent to the
land or portion thereof between the property line and the pavement
of the road or middle of an alley any growth of weeds, grass or other
rank vegetation to a greater height than 12 inches on the average
or any accumulation of dead weeds, grass or brush.
It shall be the duty of every owner, occupant, tenant or person in control of land or any portion thereof in the Town of Chester to cut and remove or cause to be cut or removed from said property all weeds, grass or other rank, poisonous or noxious vegetation as often as may be necessary to comply with the provisions of §
95A-2.
Within 15 days after the certified mailing of written notice,
the Town Code Enforcement Officer shall make an inspection and shall
cause weeds, grass and other vegetation on such lands or portion thereof
to be cut and removed. The Town Code Enforcement Officer shall have
the authority to direct the Town Highway Department, the Town Parks
and Recreation Department, or any vendor or contractor approved by
the Town Board, to cut and remove said grass, weeds or other vegetation.
The actual cost of cutting and removal, plus a twenty-percent fee
for inspection and administrative overhead therewith, shall be certified
by the Town Code Enforcement Officer to the Town Clerk and shall thereupon
become and be a lien upon the property on which said weeds, grass
and other vegetation were located and shall be added to and become
and form a 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 officer and in the same
manner as taxes levied and assessed against such property.
The provisions of this chapter shall not apply to land being
used for agrarian/agricultural purposes.
Any such person who shall neglect to cut and remove weeds, grass
or other vegetation as directed in this chapter or who shall fail,
neglect or refuse to comply with the provisions of any notice herein
provided or who shall resist or obstruct the removing of weeds, grass
and other vegetation shall, upon conviction thereof, be subject to
a fine of up to $250, imprisonment for not to exceed 15 days, or both,
and each day on which such violation continues shall constitute a
separate offense.