[HISTORY: Adopted by the Town Board of the Town of Lysander 6-24-2013 by L.L. No. 3-2013 (Ch. 100 of the 1989 Code). Amendments noted where applicable.]
A.
It is hereby declared to be the policy of the Town to provide for
the proper use of land to prevent unhealthy, hazardous, or unsightly
conditions due to the accumulation of brush, grass, leaves, rubbish,
or weeds in order to protect the public health, safety and general
welfare of the residents of this Town.
B.
By this chapter, the Town seeks to remove such threats to health,
life and property by requiring owners of land to take remedial action
to cut, trim or remove brush, grass, rubbish and/or weeds and to further
refrain from placing such items in a public right-of-way for prevention
from being carried away or disrupted by animals and the elements.
C.
All structures and premises located within the Town, whether occupied
or vacant, shall be maintained in conformity with the Property Maintenance
Code of New York State and the standards set out in this chapter so
as to assure that none of these structures or premises will adversely
affect their immediate neighborhoods or the larger community.
As used in this chapter, the following terms shall have the
meanings indicated:
Uncultivated woody shrubs and/or immature trees.
Animal and vegetable waste resulting from the handling, storage,
sale, preparation, cooking and serving of foods.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering. May also be used as ground covering for the establishment
of drainage swales, flood routes or water detention basins.
Includes an individual or individuals, society, club, firm,
partnership, corporation or an association of persons, and the singular
number shall include the plural number.
Includes zoning districts designated as "R" Districts in
the Town of Lysander, but not including the AR-40 District.
Includes the following:
Lumber, junk, debris, building materials, or any other deleterious
materials.
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, furniture, stoves, refrigerators,
freezers, appliances, cans, containers or vehicle tires.
Any compost pile which is of such a nature as to spread or harbor
disease, emit unpleasant odors or gas, or attract rodents, vermin
or other disease-carrying pests, animals or insects.
Any unsanitary matter or materials.
Solid waste and garbage.
Tree trimmings, brush, or shrubbery trimmings, leaves, grass
clippings, trees, brush or shrubbery or portions thereof severed from
their roots, or uprooted trees, brush or shrubbery.
However, for purposes of this chapter, the term "rubbish" shall
not include any of the foregoing if stored in closed containers.
Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing, and as defined in § 257-2 of the Town of Lysander Code.
Wild and uncultivated plants growing at the whim of nature
in locations not specifically intended.
A.
It shall be a violation of this chapter for the owner of any real
property in the Town of Lysander to permit, maintain, deposit or scatter
rubbish on or over any premises or to violate the Property Maintenance
Code of New York State.
B.
It shall be a violation of this chapter for the owner of any lot
within the Town to permit or maintain on any such lot or land, inclusive
of the land between the curbline and lot line, any growth of brush,
grass, or weeds higher than 10 inches on the average.
C.
It shall be a violation of this chapter for the owner of any real
property in the Town of Lysander or an agent of such owner to place
any rubbish in a public right-of-way.
D.
Each violation of this chapter shall be punishable by a fine not
to exceed $250, imprisonment up to 15 days, or both. Each day's violation
shall be considered a new and separate offense subject to a separate
penalty.
E.
The Code Enforcement Officer, or such other title as may be given
by the Town Board, is empowered to enforce the provisions of this
chapter and to issue and serve appearance tickets and such other process
as may be required and/or authorized by these regulations or the Criminal
Procedure Law in the course of such enforcement proceedings. Any enforcement
action or proceeding may be commenced upon the personal knowledge
of the Code Enforcement Officer or upon the sworn statement of another
individual.
The provisions of this chapter related to the growth of brush,
grass, or weeds shall not apply to any lots or land which are under
cultivation in a good or husbandry-like manner; from which crops are
regularly grown for actual use; to drainage areas or natural open
space areas, or to a section of a subdivision which is actively under
construction and is less than 75% complete.
A.
If any of the provisions of this chapter are not complied with, the
Code Enforcement Officer shall serve written notice and an order to
remedy such violation personally upon the owner of the property; or
send it by certified mail, return receipt requested, and by regular
mail addressed to the last known address of the owner; and/or post
in a conspicuous place on the property.
B.
Service of notice upon any owner of land, or the designated person
to receive process as provided by law, shall suffice for the purposes
of this section. Service of such notice shall not, however, be a required
prerequisite to the prosecution of any violation of this chapter in
any court of competent jurisdiction.
A.
If the owner upon whom the notice is served fails, neglects or refuses
to comply with said notice within 10 days after the service of such
notice, or if such notice was served by posting upon the premises,
then within 15 days after such posting:
(1)
The Town shall cause such noncompliance to be remedied; and
(2)
All expenses incurred in such work shall:
(a)
Be certified by the Town officer or employee overseeing the
work to the Assessor; and
(b)
Thereupon become and be a lien upon the property on which such
work was performed; and
(c)
Be added to and become part of the taxes next to be assessed
and levied upon such lot or land; and
(d)
Bear interest at the same rate as taxes and shall be collected
and enforced by the same officer and in the same manner as Town taxes.
B.
This remedy is available to the Town in addition to such penalties
and enforcement proceedings as are otherwise authorized under this
chapter.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately remedied, removed or repaired, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the remedy, removal or repair of such unsafe condition. The expense of such remedy, removal or repair shall be a charge against the property on which it is located and shall be assessed, levied and collected as provided in § 224-6.
