Village of Yorkville, NY Property Maintenance

For the purpose of this chapter, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.

BRUSH

A dense growth of unkempt grass, weeds and/or shrubbery; grass clippings or trimmings from trees, shrubs or bushes.

HOLDER

Any owner, tenant, trustee, receiver, executor or other person or entity who controls, in whole or in part, any subject premises.

LAWN

A usually, closely mown plot or area planted with grass or similar plants.

PERSON

Includes any individual person or persons, firm, partnership, corporation, whether business, membership, religious, charitable or otherwise, any association or other unit or entity owning real property in the Village of Yorkville.

§ 98-2 Control of grass and weeds on private property.

It shall be the duty of the owner, lessee or person having charge of each and every parcel of land in this Village to keep said parcel free of harmful weeds and other rank or noxious vegetation.

Grass shall be cut on improved private property at least once every two weeks and on vacant parcels at least once every month from the first day of May to the last day of October of each year. The accumulation of rubbish on the subject premises or the growth of brush, grass or weeds more than nine inches is prohibited. This provision shall not apply to land under cultivation, naturally wooded or undeveloped areas which are at least 200 feet distant from any occupied building or residence.

§ 98-3 Enforcement procedures.

In the event that the Zoning Officer or law enforcement officer determines that there exists such brush, grass, rubbish or weeds which constitute a fire or health hazard or public nuisance as described in § 82-13 of the Village Code, the Village Board shall direct the Codes Enforcement Officer to give written notice to the owner of such real property to spray, remove, cut or trim the same as may be necessary to remove such hazard or nuisance. Such notice shall be given in writing by certified mail, return receipt requested, to the owner of such property and to the owner's last known address as appears on the latest assessment roll of the Village of Yorkville. In the event that the lot, tract or parcel of land is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot, tract or parcel of land. Such notice shall direct that such hazard or nuisance be remedied within 10 days of the mailing of such notice.

§ 98-4 Failure to abate; penalties for offenses.

If, within said 10 days, the owner or occupant should fail, refuse or neglect to abate the hazard or nuisance, the Village of Yorkville may undertake to abate the same through use of its own personal facilities or equipment, or the Village of Yorkville may contract with an independent contractor or contractors to do the work and cause the hazard or nuisance abated. In either event, the costs incurred by the Village of Yorkville to accomplish the abatement of the hazard or nuisance shall result in the immediate billing to the owner of the lot, tract or parcel of land where the hazard or nuisance existed. In the event of nonpayment for the abatement of the hazard or nuisance, the cost shall be assessed against and be a lien upon the lot, tract or parcel of land where the hazard or nuisance existed. Such lien shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land, shall bear interest at the same rate as taxes and shall be enforced by the same officer and in the same manner as taxes.

The fee for the Village of Yorkville to abate the hazard or nuisance will be assessed by the Highway Supervisor based on the size of the lot. The fee is not to exceed $1,000. The owner of the lot, tract or parcel will be billed for abatement of the hazard or nuisance. Upon the second and each following occurrence for failure to control grass and weeds on private property, a penalty, along with the abatement fee, will also be assessed to the owner of the lot, tract, or parcel. The said penalty is not to exceed $500.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Article II Gardens and Composting

[Adopted 5-17-2011 by L.L. No. 3-2011]

§ 98-5 Gardening/agriculture of food for consumption.

It shall be lawful for the property owner or owner's legal agent to construct and cultivate a garden for the purpose of growing organic foods limited to vegetables and fruits for human consumption.

All such gardens shall be:

(1)

Limited to the rear yard of the owner's property.

(2)

Gardens shall not exceed 50% of the rear yard and must be a minimum of five feet from any property line.

(3)

With the end of the growing season, it is the property owner's responsibility to "hoe under," uproot, or compost the remaining plant life for the next year or return the area used to the surrounding landscape.

§ 98-6 Composting of yard and garden waste.

It shall be lawful for any owner, tenant, or occupant of any residence in the Village of Yorkville to compost garden and yard waste. The following conditions shall apply:

The maximum size for compost container or pile size shall be three feet by three feet by three feet.

The materials approved for composting are grass clippings, branches, leaves, sod, plants, shrubs, soil, sawdust or other organic residue.

The compost pile may be located only in the rear yard. In no event shall it be located within 10 feet of any property line.

The compost pile must be built and maintained in such a manner as to prevent the breeding and nesting of rodents and the emission of offensive or obnoxious odors.

The compost pile may not contain any of the following materials: bones, dairy products, meats, fish scraps, pet manures, grease, lard, mayonnaise, oils, peanut butter, salad dressing, vegetable oil, glass, metal or plastic.

Complaints of obnoxious odors or rodents being attracted to the site must be addressed within 48 hours of notification. If odors or rodents are still present after 48 hours, the pile must be removed.