[HISTORY: Adopted by the Board of Trustees of the Village
of Fultonville 5-21-2018 by Res.
No. 5-01-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 61.
As used in this chapter, the following words shall have the
meanings indicated:
For the purpose of enforcement of this chapter of the Code
of the Village of Fultonville, an enforcement official shall be any
employee of the Village authorized to enforce this chapter.
The person having legal title to property and also the person
shown as owner of the property on the current assessment rolls of
the Village.
One or more persons of either sex, natural persons, corporations,
partnership, associations, joint-stock companies, unincorporated associations,
their agents or employees, society clubs and all other entities of
any kind capable of being sued.
Hedges, shrubs, brushes, grasses, weeds, either natural ground
cover or cultivated.
A.
It shall be unlawful for any owner having control of any occupied
or unoccupied lot or land or any part thereof in the Village of Fultonville
to permit or maintain on any such lot or land, or on or along the
sidewalk, street or alley adjacent to the same between the property
line and the curb or middle of the alley, or for 10 feet outside the
property line if there be no curb, any growth of weeds, grass or other
rank vegetation to a greater height than 10 inches or more, or any
accumulation of dead weeds, grass or brush. It shall also be unlawful
for any such person or persons to cause, suffer or allow poison ivy,
ragweed or other poisonous plants or plants detrimental to health
to grow on any such lot or land in such manner that any part of such
ivy, ragweed or other poisonous or harmful weed shall extend upon,
overhang or border any public place or allow the seed, pollen or other
poisonous particles or emanations therefrom to be carried through
the air into any public place.
B.
Hedges, shrubs and brushes shall be trimmed and shall be kept from
becoming overgrown. On unimproved lots, vegetation shall only be required
to be maintained from the sidewalk, or from the street if there is
no sidewalk, inwards 10 feet and shall not overhang interior lot lines
bordering public properties. At all street intersections vegetation
shall be maintained so as not to create physical or visual obstructions
to pedestrian or vehicular traffic.
A.
it shall be the duty of any owner, as defined above, of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary in order to comply with the provisions of § 52-2.
B.
The duty imposed herein shall apply during the period of March 15
through November 15.
A.
A violation of this chapter shall be deemed a violation punishable
by a fine of not less than $100, nor more than $250.
B.
An appearance ticket issued pursuant to this chapter shall require
the owner cited to appear in person before the Village of Fultonville
Justice Court. Appearance tickets must be personally served pursuant
to Criminal Procedure Law § 150.40; and upon failure of
a person to appear as directed by an appearance ticket issued pursuant
to this chapter, the court shall issue a warrant for the arrest of
the person failing to appear.
C.
The appearance ticket must substantially conform to the following
format:
(1)
It must be in writing and subscribed by the Enforcement Official;
(2)
It must be addressed to the defendant by name, or such part of his
name as is known, and if his name or any part thereof be unknown,
by a fictitious designation of such name or part thereof as is unknown,
adding a description identifying the person intended;
(3)
It must summon him or her to appear before the court, at the courtroom
thereof, and at the date and time specified therein;
(4)
It must state that the defendant is alleged to have violated this
chapter and that the Village of Fultonville will take judgment by
default for the relief demanded in the appearance ticket, together
with the costs of the action, if the defendant fails to appear and
answer. It shall also state that the defendant's failure to appear
may also result in a warrant being issued for his or her arrest.
D.
Upon the appearance of a person directed to appear by an appearance
ticket issued pursuant to this chapter, the court shall schedule a
hearing on the alleged violation at the court's earliest convenience.
Hearings so scheduled shall be adjourned only by order of the Village
Court upon good cause shown.
E.
Each day on which such violation continues after the issuance of
an appearance ticket and/or after conviction of this chapter shall
constitute a separate offense.
Any person who is found in violation of this chapter, who has
appeared pursuant to an appearance ticket, or who has failed to appear
pursuant to an appearance ticket, shall, upon conviction thereof,
be subject to a fine of not less than $100, nor more than $250.
In addition to prosecution of violations to this chapter pursuant to § 52-5, the Village may remove the offending condition pursuant to the following procedure:
A.
When an Enforcement Official determines that a violation of § 52-2 exists, he shall serve on the owner of the subject property, as determined by the records in the Clerk's office, at the address listed in the Clerk's office for the mailing of tax bills, by first-class mail, a notice. The notice shall also be posted prominently on the subject property. The notice shall state "The growth of grass, weeds or other vegetation on this property violates § 52-2 of the Code of the Village of Fultonville; should the violating conditions not be corrected within seven days of the date of this notice, the Village of Fultonville will correct the violating condition and charge the owner of the property a mobilization fee of $50 plus the cost of correcting the violation (if these charges are not promptly paid, they will become a lien on the subject property). Additionally, the Village of Fultonville will, as time and resources permit, periodically mow and maintain this property, charging the costs of this maintenance to the property owner, unless the property owner notifies the Village of Fultonville by certified mail that he/she intends to resume maintaining the subject property. The certified mail should be directed to the 'Code Enforcement Officer, Village of Fultonville, P.O. Box 337, 10 Eric Street, Fultonville, New York, 12072'." The notice should specify the subject property via street address, tax identifier, the name and address of the owner and the nature of the violation.
B.
When seven days have expired after the mailing and posting of the
above-described notice, the Code Enforcement Officer shall direct
Village employees or contractors to correct the violation if the owner
has not corrected the violating condition. The Code Enforcement Officer
shall provide for the continuing maintenance of the subject property
until notified via certified mail by the owner that he/she intends
to resume maintenance.
C.
The Enforcement Officer shall cause such weeds, grass and other vegetation
on such lot or land to be cut and removed. A mobilization charge of
$50 and the actual costs of such cutting and removal and other additional
costs in connection therewith shall be certified by the Enforcement
Officer to the Village Clerk, who shall mail a bill for same to the
owner; and if said bill is unpaid after 30 days, the Enforcement Officer
shall present a report of the work accomplished to the Village Board
of the Village of Fultonville along with a summary of the proceedings
undertaken to secure compliance. The Village Board shall then approve
the expenditures made and assess the same against the premises, collectible
as provided by law. A copy of the resolution approving said expenses
shall be certified by the Village Clerk, and a copy of the report
and resolution shall be sent by certified mail, return receipt requested,
to the owner.
