[HISTORY: Adopted by the Town Board of the Town of Esopus 7-21-2011 by L.L. No. 3-2011. Amendments noted where applicable.]
The owner, operator, or person in control, as the case may be, of any vacant, unoccupied, or abandoned building within the Town of Esopus shall comply with the following:
Lawns or other ground cover, including grass, weeds, or other rank, poisonous or noxious vegetation, shall be kept trimmed to a height of no greater than 10 inches. Hedges, bushes, and shrubs located within a front yard setback shall be maintained at a height no greater than 3 1/2 feet. Hedges, bushes, and shrubs located within a side or rear yard setback shall be maintained at a height no greater than eight feet.
Duty of owner or operator or person in control. On any residential, nonresidential or mixed-use premises, any owner, operator, or person in control of any premises which has been determined to be in violation of this chapter shall cure or remove such violation when ordered to do so by the Building Inspector or subordinate with code enforcement authority within five days of the service of written notice as provided in § 96-2 below.
All written notices under this section shall be served by posting a copy of such violation notice upon the front portion of the property or upon the main structure and by mailing a copy of such notice by certified mail, return receipt requested, to the owner of the property as shown on the current assessment records of the Town.
Upon the failure of an owner, operator or person in control with notice to correct a condition complained of, the Town Board shall hold a public hearing.
The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner, as it appears on the current assessment records of the Town, by certified mail, return receipt requested. Posting and service of such notice shall not be less than 10 days prior to the date of the public hearing.
The Town Board, after a public hearing as provided by § 96-3, may cause the trimming of any lawns and the trimming and/or removal of any hedges, bushes, and shrubs from any premises within the Town of Esopus, upon the failure of such owner, operator, or person in control to comply with any requirements and/or conditions of the Town Board. Said trimming and/or removal may be performed by the Town of Esopus or by its designee, or agent, including a private contractor. The Town Board shall ascertain the cost of the proceeding and the costs of removal and assess such expense, plus a fee for administration and overhead of 25% against the record owner of the property. Thereupon, said charges shall become and be a lien upon the property on which the removal was performed 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 trimming of any lawns and the trimming and/or removal of any hedges, bushes, and shrubs by the Town shall not operate to excuse such owner, operator or person in control from properly maintaining the premises as required by this chapter, and such owner, operator or person in control shall, notwithstanding such action, be subject to any other penalties as provided for herein.
A violation of this chapter or regulation is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both.
Each 24 hours during which a violation shall continue constitutes a separate and distinct violation within the meaning of this chapter. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or regulations shall be deemed violations, and for such purpose only, all provisions of law relating to violations shall apply to such offenses.
If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.
All other chapters, ordinances or local laws and any parts thereof which are inconsistent or conflict with any part of this chapter are hereby repealed to the extent of any inconsistency or conflict.