The following terms, as used in this chapter, shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Greenport or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
PERSON
Any individual, firm, company, association, society, corporation
or group.
PROPERTY OWNER
The person to whom the real property tax records of the Town
lists as receiving real property tax bills, the agent of such owner,
any person with an ownership or leasehold interest in the real property,
and/or any person in possession of the real property.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials, and similar materials.
TOWN
The Town of Greenport, Columbia County, New York.
TOWN BOARD
The Town Board of the Town of Greenport, Columbia County,
New York.
WEEDS
All grasses, annual plants and vegetation, other than trees
or shrubs.
All property owners shall maintain their properties within the
Town, including improved real property and vacant property, free from
1) rubbish and 2) weeds or plant growth in excess of 10 inches. Property
owners shall cut, trim, and/or remove rubbish, weeds, and plant growth
and eliminate any fire or health hazards identified by the Code Enforcement
Officer. This section shall not apply to cultivated flowers and gardens.
All poisonous shrubs or weeds shall be prohibited. Property
owners shall spray and remove poisonous shrubs or weeds known to them
or identified by the Code Enforcement Officer on their properties.
A property owner served with a notice to remove shall have 15
days from such service to remediate, abate, or restore the property
in compliance with the notice to remove.
A. Action upon noncompliance. In the event of the refusal or neglect
of a property owner to comply with a notice to remove, or if the mailing
is returned by the Post Office because of the inability to make delivery
for any reason, as long as the notice was properly addressed, the
Town is hereby authorized and empowered to enter the property, to
cut, trim, and/or remove rubbish, weeds, and plant growth and spray
and remove poisonous shrubs and weeds and dispose of same.
B. Liability for costs of removal; notice of costs. The property owner
shall be liable for all costs incurred by the Town in remediating,
abating, and/or restoring the property and all expenses incidental
thereto, including but not limited to, an administrative fee equal
to 10% of the total cost of said removal, abatement, remediation and/or
disposal process. Said administrative fee is intended to reimburse
the Town for the monies and time expended by Town officials and employees
in abating the condition prohibited by this chapter and collecting
the sums due, including but not limited to, notifying the appropriate
party, certifying the sums due, and charging same against the property.
The Code Enforcement Officer shall certify such costs and expenses
and shall mail written notice of the sums due by registered mail,
return receipt requested, and regular mail addressed to the last known
address, if any, of the property owner as shown by the records of
the Town Assessor and/or Receiver of Taxes. Said notice shall state
that upon the failure of the property owner to pay such sums within
10 days of the date of the notice shall be sufficient cause to add
the amount due to the tax bill without further notice.
C. Recovery of costs; tax lien. If such costs and expenses are not paid
within said fifteen-day period, or if the mailing is returned by the
Post Office because of the inability to make delivery for any reason,
as long as the notice was properly addressed, such costs and expenses
shall be assessed against the property on which the condition in violation
of this chapter was found. The amount so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town taxes and charges.