[HISTORY: Adopted by the Town Board of the Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 290.
An open or unguarded well, cistern, cesspool or mine hole situated within the limits of the Town of Seneca Falls, New York, within 500 feet of the side line of any road, street or highway used by the public, is declared to be a public nuisance.
Any such public nuisance shall be abated by the owner of the land on which said public nuisance exists after a notice in writing shall have been given to the owner by the Clerk of the Town of Seneca Falls, as hereinafter set forth.
The Town Clerk of the Town of Seneca Falls is hereby empowered, authorized and directed, upon a public nuisance as herein defined being called to his or her attention, to notify in writing the owner of the land on which such public nuisance exists to abate such public nuisance within five days from the service of the notice upon such owner, by either placing a cover over such nuisance sufficient to withstand 500 pounds of pressure for each 10 square feet of the covered area or by completely enclosing the public nuisance with a permanent wire fence at least four feet in height which will bar all reasonable and normal access. The notice shall further provide that in the event such owner shall fail to abate such nuisance, the Town of Seneca Falls may cause such nuisance to be abated and the reasonable cost thereof shall be charged against the owner of the land on which such nuisance exists. The costs thereof will be a lien on such lands and will be assessed thereon and collected in the same manner as local municipal taxes are collected.
In the event of the failure of the owner of the land upon which such public nuisance exists to abate the nuisance and said nuisance is abated by the Town of Seneca Falls, then the costs of such abatement shall be a lien on such lands and shall be assessed thereon and collected in the same manner as local municipal taxes are collected.
Any landowner violating any of the provisions of this chapter shall, upon conviction, in addition to his or her lands being liable to a lien as hereinabove set forth, be subject for each offense to a fine of not more than $500 or imprisonment for a term not exceeding 15 days, or both. Each day during which any of the aforesaid public nuisances shall exist, after such notice as hereinabove set forth is given, shall constitute a single and separate violation of this chapter.