[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 1-22-1990 by L.L. No. 1-1990 (Ch. 108 of the 1976
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
[Amended 4-6-2009 by L.L. No. 3-2009]
Anything that endangers life, health or safety, gives offense
to the senses or obstructs another's reasonable and comfortable
use of property. "Nuisance" includes public or private nuisances as
known at common law and also, without limitation by reason of enumeration,
includes accumulations of weeds or other overgrowth of trees, plants
or grasses; accumulations of standing water; accumulations of rubbish,
garbage, debris, junk, automotive parts or waste; deteriorating structures,
fences, walls or trees; and holes or excavations except those that
are reasonably guarded or fenced.
Graffiti, as defined within Chapter 178 of this Code, entitled "Graffiti."
It shall be unlawful and a violation of this chapter for the
owner or owners of any real property located within the corporate
limits of the Village of Lancaster to allow a nuisance to exist or
remain on their property. As used in this chapter, the term "owner
or owners" shall include the legal representatives of an owner or
owners such as executors, administrators, conservators, committees,
attorneys or agents.
It shall be the duty of the owner or owners of any real property
located within the Village of Lancaster to remove, eliminate, repair
or otherwise abate any and all nuisances which exist or remain on
their property.
A.
In the event that the owner or owners of real property located within the corporate limits or the Village of Lancaster fail to comply with §§ 221-2 and 221-3 of this chapter, the Codes Enforcement Officer shall cause a written notice describing the nuisance and requiring the owner or owners to comply with the provisions of this chapter to be served upon the owner or owners.
B.
The notice shall require that the owner or owners complete the removal,
elimination, repair or other abatement of the nuisance within a period
of five days from the date of service of said notice. The notice shall
also provide that failure to comply with the notice will result in
the removal, elimination, repair or other abatement of the nuisance
by the Village of Lancaster, its employees, servants, contractors
or agents, and the cost of the removal, elimination, repair or other
abatement will become a lien upon the real property involved and shall
be added to and become part of the taxes next to be assessed and levied
upon the real property.
[Amended 8-26-1996 by L.L. No. 4-1996]
C.
The notice shall be served on the owner or owners as shown by the
records of the Assessor. Service shall be either personally or by
registered mail, addressed to the last known address of the party
to be served. If notice is served by registered mail, a copy of such
notice shall be posted on the premises within two days of mailing.
Personal service shall be made upon an individual as permitted by
the New York Civil Practice Law and Rules §§ 303, 308,
Subdivision 1, 309, 310, 311 and 318 or the New York Estates, Powers
and Trusts Law § 11-4.4.
[Amended 8-26-1996 by L.L. No. 4-1996]
If the owner or owners fail to remove, eliminate, repair or
otherwise abate the nuisance within five days after service of the
notice, the Village may enter the property to remove, eliminate, repair
or otherwise abate the nuisance. For this purpose, the Village may
use its own personnel or may hire a contractor. The cost incurred,
whether Village personnel are used or a contractor is hired, will
be billed to the owner or owners of the property.
The removal, elimination, repair or other abatement of any nuisance
by the Village of Lancaster, its employees, servants, contractors
or agents, which shall result in a cost of $5,000 or more to the owner
or owners of the real property shall be subject to competitive bidding
requirements as set forth in General Municipal Law § 103.
[Amended 8-26-1996 by L.L. No. 4-1996]
Upon failure of the owner or owners to promptly pay the Village
Clerk/Treasurer the costs incurred by the Village of Lancaster in
removing, eliminating, repairing or otherwise abating the nuisance,
the Code Enforcement Officer shall certify the cost to the Assessor
and thereupon the cost shall become a lien upon the real property
involved and shall be added to and become a part of the taxes next
to be assessed and levied upon the real property and shall bear interest
at the same rate as and be collected and enforced in the same manner
as taxes.
