[HISTORY: Adopted by the Town Council of the Town of Ellicott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-2016 by L.L. No. 3-2016]
The purpose of this chapter shall be to protect and promote
the health, safety, and welfare of the inhabitants of the Town through
regulation of the accumulation of weeds and the permitted height of
grasses on private premises and parts of the public right-of-way,
and also the elimination of poisonous and/or deleterious plants on
premises within the Town and the establishment of uniform procedures
for the enforcement of such regulations.
It shall be unlawful for the owner of any premises within the
Town of Ellicott to:
A.
Permit thereon any growth of weeds or grass to a height greater than
eight inches on the average or to permit the accumulation thereon
of any dead grass, weeds, or brush, except where the accumulation
is part of a regularly maintained composting program.
B.
Permit on that part of the public right-of-way between the front
lot line of the premises and the paved roadway and, in the case of
a corner lot, on that part of the public right-of-way between an exterior
side lot line and the paved roadway any growth of weeds or grass to
a height greater than eight inches on average or to permit the accumulation
thereon of any dead grass, weeds, or brush.
C.
Permit, after receipt from the Town of notice to remove, the continuation
on the premises of any growth or poison ivy, ragweed, or other poisonous
plant.
It shall be the duty of the owner of any premises within the
Town of Ellicott, within five days after receipt of written notice
from the Town, after direct observation and determination of existing
violation of this chapter by the Code Enforcement Officer, to bring
the premises into compliance. Upon failure of compliance, the Code
Enforcement Officer shall oversee entry upon the offending premises
for the purpose of bringing the same into compliance.
A.
The cost to the Town of bringing the premises into compliance, including,
if necessary, that of bringing the public right-of-way into compliance,
shall be computed, certified to the Town Administrator and billed
directly to the owner of the premises.
B.
If the charge as billed is not paid within 30 days, interest at the
maximum permissible rate shall be added thereto until paid in full.
If the charge remains unpaid by the 30th day of April next, it shall
be added to the Town tax assessed against the premises.
C.
Computation of the cost to the Town in bringing about compliance
shall include the cost to the Town of the labor of any Town employee
or, if required, that of an independent private contractor, together
with all administrative costs attendant upon the computation, certification
and billing to the owner of the premises.
In addition to any civil charges or penalties, any offense against
any of the provisions of this chapter shall be deemed a violation
as defined by the Penal Law and, upon conviction thereof, shall be
punishable for each offense by a fine not to exceed $250 per day.
