Town of Orchard Park, NY Chapter 71 Grass, Weeds and Brush

[HISTORY: Adopted by the Town Board of the Town of Orchard Park 7-17-2012 by L.L. No. 3-2012. Amendments noted where applicable.]

§ 71-1 Purpose.

In order to prevent blight and the excessive growth of weeds and grass, it is hereby declared that all lots in an approved subdivision, under which a map cover is filed with the Clerk of the County of Erie or any lot for which at least one building permit has been issued, shall be maintained in conformity with the standards set out in this chapter so as to assure that the subdivision and the community at large will not be adversely affected.

§ 71-2 Standards.

It shall be unlawful for any person having control or ownership or any type of tenancy in any lot in an approved subdivision under which a map cover is filed with the Clerk of the County of Erie, or any lot for which at least one building permit has been issued, in the Town of Orchard Park, County of Erie and State of New York, to permit or maintain on such land, or portion thereof, any growth of weeds, grass or other rank vegetation to a height greater than 10 inches on the average, or any accumulation of dead weeds, grass or brush.

§ 71-3 Removal by owner or occupant.

It shall be the duty of every owner, occupant, tenant or person in control of such aforesaid land or any portion thereof in the Town of Orchard Park, County of Erie and State of New York, to cut and remove or cause to be cut or removed from the said property all weeds, grass or other rank, poisonous or noxious vegetation as often as may be necessary to comply with the provisions of this chapter.

§ 71-4 Inspection; removal by Town.

A. Ten days after the mailing of a notice by certified mail to the last known address of the property owner, and posting of a notice on the property, the Town Code Enforcement Officer shall make an inspection, and if such inspection discloses that the owner or occupant has not complied with said notice, then the Code Enforcement Officer shall cause weeds, grass and other vegetation on such lands or portions thereof to be cut and removed.

B. If the topography of said land is such as to make it impossible or impractical to use machinery in the clearing and cutting, the Code Enforcement Officer shall first grade the land in order that the cutting and removal may be done by machinery. The actual cost of such cutting and removal, and grading, if necessary, plus a fee of 20% for inspection and administrative overhead therewith, shall be certified by the Code Enforcement Officer to the Town Receiver of Taxes and shall thereupon become a lien upon the property on which said weeds, grass and other vegetation were located, 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.

§ 71-5 Penalties for offenses.

Any person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this chapter, or who shall fail, neglect or refuse to comply with the provisions of any notices herein provided, or who shall resist or obstruct the Town Code Enforcement Officer or his employees in the cutting and removing of weeds, grass and other vegetation, or grading, if necessary, shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $100, and each day on which such violation continues shall constitute a separate offense.