[HISTORY: Adopted by the Town Board of the
Town of Union 12-30-1975 by L.L. No. 7-1975. Amendments noted where
applicable.]
[Amended 10-18-1989 by L.L. No. 13-1989]
This chapter shall be known as the "Control
of Yard Waste and Objectionable Vegetation and the Establishment of
Standards for the Removal of Such Yard Waste and Objectionable Vegetation
Law."
[Amended 4-21-1976 by L.L. No. 2-1976]
This chapter is enacted for the purpose of promoting
the health, safety and general welfare of town residents by controlling
the accumulation of weeds, tall grass and other objectionable vegetation
and by controlling the dumping of garbage and rubbish on private and
public property in the area of the Town of Union outside the incorporated
Villages of Johnson City and Endicott.
As used in this chapter, the following words,
terms and phrases shall have the meanings herein ascribed to them:
Such vegetation as poison ivy, jimson weed, ragweed or other
poisonous or harmful plant or plants detrimental to the public health.
Vegetation such as brush, grass, leaves and weeds.
[Added 10-18-1989 by L.L. No. 13-1989[1]]
[1]
Editor's Note: This local law also repealed
the definitions of "garbage" and "rubbish" that appeared in this section.
[Amended 4-21-1976 by L.L. No. 2-1976]
This chapter is hereby deemed applicable to
any lot or tract of land in the Town of Union outside the incorporated
Villages of Johnson City and Endicott, except for such lots or tracts
zoned as an agricultural district as shown on the Official Zoning
Map of the Town of Union, or on large tracts of land of 10 or more
acres, at the discretion of the Town Board, wherein the provisions
of this chapter, as they relate to weeds, tall grass and other objectionable
vegetation, shall not apply.
A.
It
shall be unlawful for any owner, lessee or occupant, or any agent,
servant, representative or employee of any such owner, lessee or occupant,
having control of any occupied or unoccupied lot or tract or any part
thereof in the Town of Union to permit or maintain on any such lot
or tract any growth of weeds, tall grass or other objectionable vegetation
to a greater height than 10 inches on the average, or any accumulation
of dead weeds, grass or brush, or to permit or maintain on or along
the sidewalk, street or alley adjacent to such lot or tract between
the property line and the curb, or between the property line and the
traveled portion of such street or alley where there is no curb, any
growth of weeds, tall grass or other objectionable vegetation to a
greater height than four inches on the average.
[Amended 8-5-2015 by L.L.
No. 2-2015]
B.
It shall be unlawful for any such person or persons
to cause, suffer or allow poison ivy, jimson weed, ragweed or other
poisonous or harmful plant or plants detrimental to health to grow
on any such lot or tract in such manner that any part of such ivy,
jimson weed, ragweed or other poisonous or harmful weed shall extend
upon, overhang or border any public place, or allow the seeds, pollen
or other poisonous particles or emanations therefrom to be carried
through the air into any public places.
[Amended 10-18-1989 by L.L. No. 13-1989]
A.
Brush, grass, leaves or weeds which are to be removed
by the Town of Union municipal collection shall be placed in containers
with a capacity not to exceed 33 gallons without covers and which
are constructed of rigid plastic or metal.
[Amended 4-16-2003 by L.L. No. 6-2003]
(1)
Containers shall be placed at the curbline or on the
property driveway, but under no circumstances shall the containers
be placed on the road surface.
(2)
Noncontainer leaves may be raked to the curbline for
collection by Town of Union municipal collection.
(3)
Brush which is too large or bulky to be placed in
containers shall be bundled and tied securely in lengths not to exceed
six feet.
B.
Yard waste not prepared for collection as herein provided
shall not be collected.
C.
The use of plastic bags as containers for the collection
and disposal of yard waste is specifically prohibited.
[Amended 8-5-2009 by L.L. No. 9-2009; 9-18-2013 by L.L. No. 2-2013; 6-17-2015 by L.L. No. 1-2015]
Upon failure of the person, owner, lessee, firm, corporation,
occupant or any other person having charge of any lot or tract of
land within the Town of Union to cut, trim or remove weeds, tall grass
or other objectionable vegetation and to remove any such garbage or
rubbish there from within three days from the time such person has
been served with notice to cut, trim or remove such weeds, tall grass
or other objectionable vegetation or to remove said garbage or rubbish,
the Town of Union may cause such weeds, tall grass or other objectionable
vegetation to be cut, trimmed or removed and such garbage or rubbish
to be removed, and the total cost thereof, including but not limited
to moneys actually paid out by the Town, time and expenses of the
Town officials and employees involved in the service of the notice,
and the actual cutting, trimming or removal of the weeds, tall grass
or other objectionable vegetation and the removal of such garbage
or rubbish in connection with the enforcement of the provisions of
this chapter, shall be assessed upon the real property on which such
weeds, tall grass or other objectionable vegetation, garbage or rubbish
is found, and the expense so assessed shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges. In addition, the total
cost to the Town of attorneys fees, engineering fees, consultant fees
and/or court or litigation costs to enforce the provisions of this
chapter shall be an expense and obligation of the owner of the property,
including its individual officers, managers, partners, members, and
shareholders, and alternatively or in conjunction herewith, shall
be assessed and levied upon the real property as a lien and charge
until paid or otherwise satisfied or discharged and shall be collected
as otherwise provided in the Town law in the same manner and at the
same time as other Town charges.
[Added 8-8-2012 by L.L. No. 8-2012]
A.
Duty.
It shall be the duty of the owner or occupant of premises upon which
trees, bushes and/or hedges shall stand to trim such trees, bushes
and/or hedges as provided in this section.
B.
Clearance.
All ornamental shade trees, bushes and/or hedges standing within or
whose branches or any part thereof extend over any public street,
avenue or sidewalk in the Town outside the incorporated villages shall
be trimmed so that the lowest branches shall not be less than 10 feet
from the ground and/or that no part of the bushes and/or hedges shall
extend into the Town's right-of-way.
C.
Effect
of failure to trim. In the event of failure on the part of any person
to trim any tree, bushes and/or hedges as herein provided after having
been requested to do so by the Commissioner of Public Works or Code
Enforcement Officer, said Commissioner of Public Works or Code Enforcement
Officer shall cause such tree, bushes and/or hedges to be trimmed
and the cost thereof shall be assessed in the same manner as real
property taxes are assessed.
[Amended 9-1-2004 by L.L. No. 7-2004; 6-17-2015 by L.L. No. 1-2015
Any notice to so cut, trim or remove such weeds, tall grass or other objectionable vegetation or such garbage or rubbish, from any lot or tract of land in the Town of Union, required pursuant to the provisions of this chapter, shall be served either personally upon the owner, lessee, firm, corporation, occupant or the manager designated by §155-10 or responsible person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at his or her last known address. Service of the notice is deemed to be complete upon personal delivery, in case of personal service, and upon mailing, in case of service by posting.[1]
[1]
Editor's Note: Original § 37-7,
Littering, which immediately followed this section, was repealed 10-18-1989
by L.L. No. 13-1989.
[Amended 1-16-2002 by L.L. No. 1-2002]
A violation of any provision of this chapter
is hereby deemed to be an offense, punishable by a fine not to exceed
$250 or imprisonment for a period not to exceed 15 days, or both.
Each week's violation shall constitute a separate offense punishable
by like penalty.
[Added 8-8-2012 by L.L. No. 8-2012]
A.
This section
applies to any person, firm or corporation receiving multiple notices
of violation or orders to remedy in a twelve-month period for a violation
of this chapter.
B.
Any person,
firm or corporation receiving multiple notices of violation or orders
to remedy within a twelve-month period shall be subject to an inspection
fee as set forth in the fee schedule below:
(1)
First
notice of violation or order to remedy received: no charge.
(2)
Second
notice of violation or order to remedy received: inspection fee of
$100.
(3)
Third
notice of violation or order to remedy received: inspection fee of
$150.
(4)
Fourth
notice of violation or order to remedy received: inspection fee of
$200.
(5)
Fifth
notice of violation or order to remedy received: inspection fee of
$500.
C.
The inspection
fees prescribed above shall be billed directly to the tenant or owner,
as the case may be, and a copy mailed to the owner and/or contact
person/agent of the property. Inspection fees shall be increased 25%
when not paid within 30 days after initial billing, to cover administrative
costs. This subsection shall not be considered the exclusive method
of collecting inspection fees and shall not preclude collection by
other lawful methods. If unpaid after 30 days, the costs may be added
to and collected in the same manner as real property taxes.
D.
Every notice
of violation or order to remedy shall contain a clear and conspicuous
explanation of the policy in this section requiring fees for inspections
or a copy of this section.
E.
The Code
Enforcement Official or Town Comptroller may waive an inspection fee
in case of error, mistake, injustice or other good cause.
