[HISTORY: Adopted by the Board of Trustees of the Village
of Lawrence 11-15-2012 by L.L. No. 4-2012. Amendments noted where
applicable.]
A.
It shall be unlawful for any owner or occupant of land within the limits of the Village to permit or maintain growth or accumulation of brush, grass, rubbish or noxious or other rank growths, weeds or hedges, garbage, litter, refuse or rubble, which constitutes or creates an unsafe or unhealthy condition. The existence of any of the conditions described in this Subsection A shall constitute a nuisance.
B.
That portion of the public right-of-way not covered by pavement or a similar surface and located between the portion of the right-of-way used for vehicular traffic and the boundary line of said right-of-way shall be maintained by the owner or occupant of the adjoining property in the same manner as set forth in § 146-1A.
C.
Notwithstanding any other provision of law, it shall also be unlawful
for any owner or occupant of land within the limits of the Village
to permit any tree, branch, bush, or other foliage originating on
the owner or occupant's land, to extend to any point which is
less than six inches from the paved portion of any adjacent Village
right of way.
[Added 3-11-2021 by L.L.
No. 3-2021]
D.
Any owner who has been notified by the Village Clerk that his tree,
branch, or other foliage extends more than six inches beyond the paved
portion of any adjacent Village right of way, and who fails to correct
the condition within 20 days of the sending of such notice by certified
mail, return receipt requested, to such person's last known address
shall be guilty of a violation. In addition to the penalties otherwise
enforceable, the Village may thereafter perform such work as may reasonably
be required to remediate the said default or failure and assess the
cost thereof against the adjacent property, and such costs, if not
paid within 30 days after written notice of such assessment and the
amount thereof, shall be assessed and collected in the same manner
as a tax.
[Added 3-11-2021 by L.L.
No. 3-2021]
It shall be unlawful for the owner or occupant of any lot or
parcel of land within the Village to cause or to permit the existence
or maintenance of a fence or other structure upon such lot or parcel
where the fence or other structure is so structurally unstable as
to cause physical danger to persons or to property on or off the premises.
A.
Whenever, in the opinion of the Building Inspector, a person or property is in violation of any of the requirements or restrictions contained in §§ 146-1 or 146-2, the Building Official shall cause a notice to be issued to the owner or occupant of the property as indicated on the then-current Village tax roll, or to any person in possession of the property or any part thereof.
B.
Such notice shall include the following information, at a minimum:
(2)
Describe the condition of the property or the reason or reasons which
cause the violation(s) to exist;
(3)
Inform such person that if the person disagrees with the conclusion
of the Building Inspector as to the existence of any violation, such
person may, within seven business days from receipt of the notice,
request a hearing before the Village Zoning Board of Appeals;
(4)
Inform such person that if the person fails to cure the violation(s)
within a reasonable period of time as specified in such notice, the
Village will either perform such work as may be required to cure such
violation(s) or, in the case of an illegal fence or structure, cure
the violation(s) or remove the fence or structure. The notice also
shall inform such person that in the event of remedial action taken
by the Village pursuant to this chapter, all reasonable costs thereof
shall be the expense of the owner of the property as indicated on
the then-current Village tax rolls.
C.
Any notice required to be given by the Building Inspector pursuant
to this chapter shall be given in writing in the following manner:
(1)
By personal delivery to the person to be served; or
(2)
By personal delivery to a person of suitable age and discretion residing
at or occupying the real property which is the subject of the notice;
or
(3)
By certified mail, return receipt requested, addressed to the person
to be served at the last known dwelling place of the person to be
served; or
(4)
By posting the notice in a prominent location at the property which
is the subject of the notice and mailing a copy of such notice by
first class mail, or any other form of delivery using the United States
Postal Service, addressed to the person to be served at the last known
dwelling place of such person.
A.
Time period for compliance. Unless a different period of time is
specified in a notice served pursuant to this chapter, the person
served with a notice of violation pursuant to this chapter shall be
permitted five days from such service to eliminate and fully remediate
the violation described in the notice.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of
any person so notified to properly cure the violation within the time
required by this chapter, the Village is authorized and empowered
to take such action as may reasonably be necessary to remove the nuisance
specified in the notice, and dispose of any growth or material so
removed.
C.
Charge included in tax bill. When the Village has affected the cure
or remediation of the violation as provided in this chapter, the actual
cost thereof, plus accrued interest at the rate of 6% per annum from
the date of the completion of the work, if not paid by such owner
prior thereto, shall be charged to the owner of such property on the
next regular tax bill forwarded to such owner by the Village, and
said charge shall be due and payable by said owner at the time of
payment of such bill.
D.
Filed statement constitutes lien. The Building Inspector shall cause
to be filed in the office of the Village Clerk a sworn statement showing
the cost and expense incurred for the work, the date the work was
done and the location of the property, by section, block and lot,
on which said work was done, and the name of the reputed owner thereof.
The filing of such sworn statement shall constitute a lien on the
property, and shall remain in full force and effect for the amount
due in principal and interest, plus costs of court, if any, for collection,
until final payment has been made. Thereafter, a notice shall be sent
to the owner, as appears on the tax records maintained by the Village,
demanding payment within 20 days after receipt of notice. If payment
is not received, then said costs and expenses shall be collected in
the manner fixed by law for the collection of taxes and, further,
shall be subject to a delinquent penalty of 6% in the event same is
not paid in full on or before the date the tax bill upon which said
charge appears becomes delinquent. Sworn statements filed in accordance
with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and that the work has been
done properly and satisfactorily, and shall be full notice to every
person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement, and that the same is due and collectible as provided
by law.
It shall be a violation of this chapter for any person being
the owner or occupant of real property in the Village, or the agent
of any such person, to do or fail to do any act in violation of any
provision of this chapter, or to cause, permit or maintain any nuisance
on such property. Any person convicted of a violation of this chapter
shall, upon conviction, be subject to penalty as otherwise provided
in this Code for a violation.
