[HISTORY: Adopted by the Town Board of the Town of LeRoy 6-13-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of § 64(5-a) and § 130(5) of the Town Law of the State of New York and shall be known as the "Property Maintenance Law of the Town of LeRoy."
Pursuant to, and in accordance with, the provisions of §§ 64(5-a) and 130(5) of the Town Law of the State of New York and other applicable provisions of law, the owners of land within the Town of LeRoy (the "Town") shall cut, trim or remove from the land owned by them brush, grass, debris, rubbish, or weeds, or spray poisonous shrubs or weeds on such land in order to promote the health, safety and welfare of the residents of the Town of LeRoy. All owners of land within the Town of LeRoy shall keep the grass and weeds on the residential portion of the property cut and mowed to a height not exceeding six inches.
In the event that a property owner fails to remove any such brush, grass, debris, rubbish, or weeds, or spray poisonous shrubs or weeds on such land, at the direction of the Town Board, the Code Enforcement Officer shall serve a notice of the same in the following manner:
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in said property as shown by the records of the Town Clerk or of the Genesee County Clerk or if no such person can reasonably be found, by mailing such owner by registered mail a copy of such notice directed to his/her last known address as shown by the above records;
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and
By securely affixing a copy of such notice upon any residence or other structure located on the property.
The notice shall contain the following:
A description of the condition of the property needing remediation.
An order outlining the manner in which the property is to be made compliant with this chapter.
A statement that the remediation of the property shall commence within five days of the service of the notice and shall be completed within 10 days thereafter, unless, for good cause shown, such time shall be extended by the Town Board.
A statement that in the event of neglect or refusal to comply with the order, the Town is authorized to cause such grass, debris, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such brush, grass, debris, rubbish, weeds or poisonous shrubs or weeds were 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.
An owner or occupant who violates the terms of this chapter shall be subject to a fine not to exceed $250 and for the second such offense within a year of the first notice, not to exceed $500.