Village of Livonia, NY
Livingston County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Board of Trustees of the Village of Livonia as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 125.
[Adopted 4-1-1991 by L.L. No. 2-1991]
It is the intent of the Village of Livonia to promote health, safety and general welfare of the inhabitants of the Village of Livonia by providing for the proper use of land to prevent unhealthful, hazardous or dangerous conditions due to the growth or accumulation of brush, grass, rubbish or weeds or of nondecorative poisonous shrubs or weeds. By this article, the Village seeks to remove such dangers to health, life and property by requiring the owners of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray nondecorative poisonous shrubs or weeds, and upon default cause the same to be done and assess the cost against the real property on which the same are found.
For the purpose of this article, the following shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
BRUSH
A dense growth of unkempt grass, weeds and/or shrubbery; grass clippings or trimmings from trees, shrubs or bushes.
HOLDER
Any owner, tenant, trustee, receiver, executor or other person or entity 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 person or persons, firm, partnership, corporation, whether business, membership, religious, charitable or otherwise, any association or other unit or entity owning real property in the Village of Livonia.
SUBJECT PREMISES
Any parcel of real property upon which a building has been constructed. However, in any residential district, as determined by Chapter 155, Zoning, of the Village of Livonia, 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 to the entire road frontage and sides of the parcel and extend to a minimum of 50 feet beyond the principal building or owner's lot line.
[Amended 5-27-1998 by L.L. No. 6-1998[1]]
No holder of any land within the Village of Livonia shall permit the accumulation of rubbish on the subject premises or permit the growth of brush, grass or weeds more than 10 inches high or the accumulation of nondecorative poisonous shrubs or weeds.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The enforcement officer of this article shall be the Code Enforcement Officer of the Village of Livonia. The Code Enforcement Officer, upon complaint by an adjoining owner, or other person, shall make a formal inspection of the property complained of and report in writing to the Village Board or Mayor any violations of this article that exist upon said property.
[Amended 5-27-1998 by L.L. No. 6-1998]
Whenever the Code Enforcement Officer determines that any subject premises are being maintained in violation of § 76-3 above, that person shall serve a notice to cut, trim, remove or otherwise eliminate such rubbish, brush, grass, weeds or nondecorative poisonous shrubs or weeds. Such notice shall be served personally or by certified mail upon any holder of the subject premises. Such notice shall give such holder seven days, weather permitting, to correct such violation. Such notice shall state that in the event such violation has not been corrected within such time, the Village of Livonia may cause such rubbish, long grass, shrubs, brush and weeds to be cut, trimmed, removed, sprayed or otherwise eliminated and, if it does so, shall assess the total expense thereof, plus 10%, against the property whereon the same is found or bill the resident for expenses incurred.
[Amended 5-27-1998 by L.L. No. 6-1998]
A. 
In the event that all such rubbish, brush, shrubs, long grass or weeds shall not be cut, trimmed, removed or otherwise eliminated within the time specified in the notice, the Board of Trustees shall proceed to take whatever action is necessary to cause such rubbish, brush, shrubs, long grass or weeds to be cut, trimmed, removed or otherwise eliminated. The total expense thereof, plus 10%, shall be assessed against such property by the Board of Trustees in the manner provided in Subsection B hereinbelow.
B. 
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 removal, cutting, trimming, etc., plus 10%, 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, or 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.
A. 
Any person upon whom notice has been served, as set forth in § 76-6 above, to cut, trim, remove or otherwise eliminate such long grass and weeds, and who for period of seven 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 by a fine not to exceed $250, imprisonment not to exceed 15 days, or both.
[Amended 5-27-1998 by L.L. No. 6-1998]
B. 
In addition to all other remedies provided for herein, the Board of Trustees may also enforce compliance to this article by injunction or by any other remedy available to it by virtue of the judicial process.[1]
[1]
Editor's Note: Former Art. II, Pickup Policy, adopted 5-24-1995, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).