Village of Wesley Hills, NY Brush, Grass and Weeds

The Board of Trustees of the Village of Wesley Hills finds that the presence of excessively long grass or weeds on improved parcels of real property is aesthetically offensive and may create the potential for a public nuisance or a public health hazard. The Board of Trustees of the Village of Wesley Hills therefore declares it to be the public policy of the Village to prevent the maintenance of any improved parcel of real property in the Village in such an unsightly, unclean, and harmful condition.

§ 154-15 Definitions.

For the purpose of this article, the following terms used herein are defined as follows:

HOLDER

Any owner, tenant, trustee, receiver, executor or other person who controls, in whole or in part, any subject premises.

LAWN

A usually closely mown plot or area planted with grass or similar plants.

PERSON

Any individual or group of individuals, corporation, partnership, firm, association, company, or any other entity, and any agent, designee, or employee acting on behalf thereof.

SUBJECT PREMISES

Any parcel of real property upon which a building has been constructed. However, in any residential district, as determined by Chapter 230, Zoning, of the Code of the Village of Wesley Hills, where a single parcel of real property contains at least twice the minimum lot size required for one-family detached dwellings of the district in which it is located, the term "subject premises" shall be deemed to refer only to that portion of such parcel within 250 feet from an existing building.

All words and terms not specifically defined herein shall have their usual meanings in the English language.

§ 154-16 Growth restricted.

No holder shall permit the growth of grass or weeds more than nine inches high within a lawn on any subject premises.

§ 154-17 Notice of violation; cutting required.

[Amended 5-14-2002 by L.L. No. 5-2002[1]]

Whenever the Mayor, Deputy Mayor or Code Inspector of the Village of Wesley Hills determines that any subject premises are being maintained in violation of § 154-16 hereinabove, he shall serve a notice to cut, trim, remove, or otherwise eliminate such long grass and weeds. Such notice shall be served personally or by certified mail upon any holder of the subject premises. Such notice shall give such holder 15 days to correct such violation. Such notice shall state that in the event such violation has not been corrected within such time, the Village of Wesley Hills may cause such long grass and weeds to be cut, trimmed, removed, or otherwise eliminated and, if it does so, shall assess the total expense thereof against the property whereon the same is found.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 154-18 Failure to comply with notice to cut.

In the event all such long grass or weeds shall not be cut, trimmed, removed or otherwise eliminated within the time specified in the notice to cut, the Board of Trustees shall proceed to take whatever action is necessary to cause such long grass or weeds to be cut, trimmed, removed, or otherwise eliminated. The total expense thereof shall be assessed against such property by the Board of Trustees in the manner provided in Subsection B hereinbelow.

The Board of Trustees shall serve personally or by certified mail upon the owner of record of such property at the address shown on the last preceding tax assessment roll a written notice stating that, at a time and place specified therein, it will assess the expense of such cutting against such property. Such notice shall be served at least eight days previous to the time specified therein. If directed against a corporation, it may be served upon the corporation at its principal place of business, upon an agent of the corporation within the Village, or upon the Secretary of State. Notice served upon the Secretary of State shall be served at least 12 days previous to the time specified therein. At the time and place so specified, the Board of Trustees shall hear the parties interested and shall thereupon finally determine the assessment, stating therein the name of each owner and the amount so assessed. The amount so assessed shall constitute a lien on the real property on which it is levied until paid or otherwise canceled pursuant to the provisions of § 5-516 of the Village Law and shall be collected in the same manner as other Village special assessments pursuant to the provisions of § 5-518 of the Village Law.

§ 154-19 Penalties for offenses.

Any person upon whom notice has been served, as set forth in § 154-17 hereinabove, to cut, trim, remove, or otherwise eliminate such long grass and weeds and who, for a period of 15 days after the mailing of such notice, shall neglect or fail to comply with the provisions of any such notice shall be guilty of a violation of this article. In addition to any other penalty or remedy herein provided, each and every violation of this article shall be punishable as follows:[1]

(1)

For a first conviction thereof, by a fine of not less than $250 nor more than $500;

(2)

For a second such conviction, by a fine of not less than $500 nor more than $750;

(3)

For a third or subsequent such conviction, by a fine of not less than $750 nor more than $1,000.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

In addition to all other remedies provided for herein, the Board of Trustees may also enforce obedience to this article by injunction or by any other remedy available to it by virtue of the judicial process.