[HISTORY: Adopted by the Town Board of the Town of LaFayette 4-13-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
This chapter is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10.
It is hereby declared to be the policy of the Town Board of the Town of LaFayette to provide for the proper use of any improved property to prevent unhealthy, hazardous or dangerous conditions due to accumulations of brush, grass, weeds or other like matter. By this chapter, the Town Board seeks to remove such dangers to health, life and property by requiring owners of improved property to cut, trim or remove brush, grass, weeds or other like matter, and upon default, to cause the same to be done and assess the cost against the real properties on which such brush, grass, weeds or other like matter is found.
As used in this chapter, the following terms shall have the meanings indicated:
- Uncultivated woody shrubs and immature trees.
- Herbaceous ornamental plants intended to be periodically cut close to the ground for establishment of a lawn or ground covering. Grass may also be used for ground covering for the establishment of drainage swales, flood routes or water detention basins.
- IMPROVED PROPERTY
- Any lot not actively being used for farming that has a structure placed on it.
- Includes an individual or individuals, society, club, firm, partnership, corporation or any other association of persons or entity of any kind.
- Wild, useless and generally undesirable plants growing wild at random and inappropriate locations, including growing or cultivated ground to the exclusion or injury of grass or a desired agricultural crop.
It shall be a violation of this chapter for the owner of any improved property to permit, maintain or accumulate on such land any growth of brush, grass, weeds or other like vegetative matter in excess of 10 inches.
Whenever the Code Enforcement Officer shall find a violation of § 206-4 above, said Code Enforcement Officer shall give notice to remedy such alleged violation to the owner, its agent or person or persons responsible therefor, as hereinafter provided.
Any person, being the owner of real property in the Town, shall be required to remedy violations of this chapter upon his or her improved lands when directed to do so by notification of the Code Enforcement Officer.
An improved lot over two acres in size shall only have to comply within an area surrounding the structure of 150 feet or to the property line in any direction, measured from the base of an exterior wall.
Whenever the Code Enforcement Officer shall issue a notice requiring the owner of land within the Town to cut, trim or remove brush, grass, weeds or other like vegetative matter upon his or her lands, such notice shall be in writing, shall include a statement of the reasons why it is being issued and shall be served upon the owner or occupant of the premises or the agent of either of them. Notice shall be deemed to be properly served if a copy thereof is served upon the owner or occupant personally or is sent by certified or registered mail to the last known address of the owner, as listed and maintained in the tax records of the Town, or is posted in a conspicuous place in or about the premises affected by the notice. Such notice shall specify that within seven days from the receipt of notice, the owner or its agents must have either undertaken such necessary corrective action so as to abate the violation or have submitted a written request to the Code Enforcement Officer for a hearing before the Town Board. At the expiration of the seven-day period, the notice shall be deemed an order to cease and desist from and to abate the described violation. Such notice shall contain an outline of the remedial action which, if taken, will effect compliance with the provisions of this chapter.
Whenever a notice referred to in § 206-8 of this chapter has been served upon the owner, occupant or the agent of a lot or parcel of land to abate a violation of this chapter and such owner shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Code Enforcement Officer may cause the work to be done and pay the cost thereof.
The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Town Board as provided in § 206-9 of this chapter, by assessment and levy upon the lots or parcels of land whereon such work was performed or services rendered for the actual and complete cost of such work, whether such work shall have been done by employees of the Town or others, which charges shall constitute a lien on the property and shall be assessed and collected in the same manner and at the same time as provided by law for the collection of delinquent taxes.