[HISTORY: Adopted by the Town Board of the
Town of West Seneca 9-28-1992.
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 92.
[Amended 1-25-2016 by L.L. No. 1-2016]
All lots, plots or property within the Town of West Seneca,
whether improved or vacant, shall be maintained as often as necessary
to prevent the overgrowth of brush, grass and weeds in violation of
the provisions of this chapter, including the accumulation of debris.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all manner and kinds of grass, weeds, shrubs, plants,
vegetation, undergrowth, vines, bushes and small trees which are allowed
to grow wild.
Refuse, trash, scrap, or things that are no longer useful
or wanted; accumulation that is left to be discarded. At times the
code enforcement office will use its discretion on these items to
be cleaned.
[Added 1-25-2016 by L.L.
No. 1-2016]
The area located between the front of the dwelling unit or
structure and the front property line.
A lot which has frontage on an improved street and a dwelling
unit located on it or other structure located on it.
A lot which has frontage on an improved street.
Includes one or more natural persons, corporations, partnership,
associations, joint-stock companies, societies and all other entities
of any kind.
The area located between the rear of the dwelling unit or
structure and the rear property line.
The area located between the side of the dwelling unit or
structure and the side property line.
An improved lot, located in an approved subdivision, with
or without a dwelling unit on it or other structures.
A large, wooded perennial plant with one main trunk which
develops many branches.
A lot which has no frontage on a street.
A.
It shall
be the duty of every person in control:
(1)
Of a subdivision lot or any portion thereof in the
Town of West Seneca to cut, trim, remove or cause to be cut, trimmed
or removed from said lot, plot or property or any portion thereof
all brush thereon so the general height is no greater than six inches
during the months of May through October of each year.
(2)
Of an improved lot located in a residential or commercial
zoning location in the Town of West Seneca under three acres in size
to cut, trim, remove or cause to be cut, trimmed or removed all brush
to a height and in a location on said lot, plot or property during
the months of May through October of each year as follows:
(3)
Of an improved vacant lot under two acres to treat
such as a subdivision lot. If over two acres and located in a residential
or commercial zoning location in the Town of West Seneca, the person
in control shall cut, trim, remove or cause to be cut, trimmed or
removed from said lot, plot or property or any portion thereof all
brush thereon so the general height is no greater than 18 inches during
the months of May through October of each year.
(4)
Of a vacant land over 10 acres and located in a residential
or commercial zoning location in the Town of West Seneca to cut, trim,
remove or cause to be cut, trimmed or removed from said lot, plot
or property or any portion thereof all brush thereon so the general
height is no greater than 30 inches during the months of May through
October of each year.
(5)
Of a subdivision lot, improved lot, improved vacant
lot or vacant land located in the Town of West Seneca to cut, trim,
remove or cause to be cut, trimmed or removed from said lot, plot
or property any dead trees or portions of them that may be considered
by the Code Enforcement Official to be a hazard.
B.
All parcels of any size shall be free of debris.
[Added 1-25-2016 by L.L.
No. 1-2016]
The Town of West Seneca Building Inspector is
hereby charged with the responsibility and duty to enforce this chapter.
[Amended 9-8-2014 by L.L.
No. 8-2014]
In the event that the Building Inspector determines
that the provisions of this chapter are being violated, he shall mail
a written notice of violation by first-class mail to the owner of
the lot as shown on the latest completed assessment roll of the Town
of West Seneca advising the owner of such violation.
[Amended 1-25-2016 by L.L. No. 1-2016]
Any person upon whom notice has been served to cut, trim or
remove such brush and debris that fails to comply within 10 days after
service shall be deemed to have neglected or failed to comply with
the provisions of any such notice and shall be deemed to have violated
this chapter.
[Amended 1-25-2016 by L.L. No. 1-2016]
In the event of failure, neglect or refusal of any owner duly
notified to cut, destroy or remove such excessive growth of grass,
weeds, brush, plant growth or debris from his or her property within
the applicable time period specified in the notice, the Senior Code
Enforcement Officer or his designee shall have the power to, or contract
to, cut, trim or remove such weeds, grass, brush or plant growth or
accumulation of dead weeds, grass, brush, plant growth or debris on
any such parcel. The cost or expense of such work ordered by the Senior
Code Enforcement Officer and/or his designee shall be an annual fee
of $200 for administrative costs incurred under this chapter. This
fee will be ordered at the end of the fall of each year. The expense
thereof shall become a lien upon the real property involved and be
added to and become a part of the taxes next so assessed by including
such expense in the next annual tax levy against the property and
shall bear interest at the same rate as taxes and shall be collected
in the same manner as general Town taxes.
Any person who shall neglect to cut, trim or
remove brush as directed in this chapter or who shall fail, neglect
or refuse to comply with the provisions of any notice herein provided
or who shall resist or obstruct the removal of brush shall, upon conviction
thereof, be subject to a fine of not less than $25 nor more than $250,
and each day on which such violation continues shall constitute a
separate offense.
