[HISTORY: Adopted by the Town Board of the Town of Marcellus 9-10-2007 by L.L. No. 4-2007. Amendments noted where applicable.]
This chapter shall be known as the "Brush, Grass, Rubbish and
Weed Control Local Law of the Town of Marcellus."
A.
It is hereby declared to be the policy of the Town Board of the Town
of Marcellus to provide for the proper use of land to prevent unhealthful,
hazardous or dangerous conditions resulting from the accumulation
of brush, grass, rubbish or weeds, or growth of harmful or poisonous
weeds, and to protect the public health, safety and general welfare
of the residents of this Town.
B.
By this chapter, the Town Board of the Town of Marcellus seeks to
remove such dangers to health, life and property by requiring owners
of land to cut, trim or remove brush, grass, rubbish or weeds or cut,
trim, remove or destroy poisonous or harmful weeds, and, upon the
default of the owner to do so, cause the same to be done and assess
the costs against the real property(ies) on which such brush, grass,
rubbish or weeds are found.
The following terms shall have the meanings indicated:
Includes the following:
The owner of the real property(ies) on which any brush, grass,
rubbish or weeds ordered cut, trimmed or removed pursuant to this
chapter is located, or upon which any harmful or poisonous weeds ordered
cut, trimmed, removed or destroyed are located.
The owner of the real property(ies) immediately fronting on
a portion of any highway, street or road of the Town of Marcellus
upon which portion any brush, grass, rubbish or weeds ordered removed
pursuant to this chapter is located.
Includes the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be the duty of any owner or occupant or person having
control of any lot or plot of land in the Town of Marcellus to cut
and remove, or cause to be cut and removed, all brush, grass, rubbish
and weeds or other harmful or poisonous vegetation as often as may
be necessary to comply with the provisions of this chapter. All premises
and immediate exterior property shall be maintained free from grass
or weeds in excess of 10 inches in height for such distance from buildings
and public spaces as is necessary to prevent unhealthful, hazardous
or dangerous conditions. All premises and immediate exterior property
shall be maintained free from rubbish and harmful or poisonous vegetation
for such distance from buildings, adjoining land and public spaces
as is necessary to prevent unhealthful, hazardous or dangerous conditions.
Upon receipt of a written complaint that there exists an unhealthful,
hazardous or dangerous condition due to the accumulation of brush,
grass, rubbish or weeds, or an accumulation of poisonous or harmful
weeds or other vegetation upon any property within the Town of Marcellus,
the Code Enforcement Officer shall make or cause to be made an inspection
of the subject property. A written report of such inspection shall
be made by and maintained in the office of the Code Enforcement Officer.
Copies shall be transmitted to the Town Board.
After review of such complaint, the Code Enforcement Officer
shall make a determination as to whether unhealthful, hazardous or
dangerous conditions exist due to the accumulation of brush, grass,
rubbish or weeds, or a growth or accumulation of poisonous or harmful
vegetation upon property within the Town. Upon making an affirmative
determination, the Code Enforcement Officer shall serve or caused
to be served the notice as herein provided, upon the owner(s), occupant(s)
or person(s) having control of such property(ies) in person or by
regular mail or certified mail, return receipt requested.
Such notice shall contain a description of the premises, a statement
of the particulars in which the premises is unhealthful, hazardous
or dangerous, and shall contain an order of the Code Enforcement Officer
requiring abatement of the conditions stated in the notice, stating
a time for the completion of such abatement. The order shall state
that such abatement must be completed within five days of the service
of the notice and order.
Any person, corporation or association being the owner of real
property in the Town of Marcellus shall be required to cut, trim or
remove brush, grass, rubbish or weeds or poisonous or harmful vegetation
upon their lands when ordered to do so by the Code Enforcement Officer
and upon receipt of the notice and order provided for herein.
Whenever a notice and order provided for herein has been served
upon such owner(s), occupant(s) or person(s) having control in the
manner required, and such person shall neglect or fail to comply with
the requirements of such notice and order within the time provided,
the Code Enforcement Officer shall issue and serve a notice of hearing
upon the property owner(s), occupant(s) or person(s) having control
directing that person or entity to appear before the Town Board.
A.
At least five days' written notice of the hearing shall be given
to the owner(s), occupant(s) or person(s) having control and other
interested parties. The notice shall state the time, date and place
of a hearing to be conducted to review the determination of the Code
Enforcement Officer that such unhealthful, hazardous or dangerous
conditions exist and that appropriate enforcement action will be considered.
The owner(s), occupant(s) or person(s) having control and other interested
parties may attend the hearing, be represented by counsel, offer evidence
and call witnesses on their behalf. The hearing shall be conducted
by the Supervisor of the Town of Marcellus or by a hearing officer
appointed by the Supervisor and the Town Board.
B.
If the hearing results in a determination that unhealthful, hazardous
or dangerous conditions exist and that the owner(s), occupant(s) or
person(s) having control has willfully failed to abide by the notice
and order of the Town Board, the Supervisor may direct the performance
of appropriate remediation work by Town employees or agents.
Upon authorization from the Supervisor, Town employees or agents
shall enter upon the subject property and perform such remediation
work as is required to alleviate the unhealthful, hazardous or dangerous
conditions that have been found to exist.
The Town shall be reimbursed for the cost of the work performed
or services rendered by Town employees or agents at the direction
of the Supervisor and Board. Such costs shall include all costs related
to ascertaining the identity and location of the owner(s), occupant(s)
or person(s) having control of the property, service of notices required
hereunder, the performance of remediation work on the property by
Town employees, and the removal and disposal of brush, grass, or rubbish.
The expenses so determined shall be reimbursed to the Town by means
of assessment and levy upon the land whereon such work was performed
or such services rendered, and such expenses shall constitute a lien
and a charge on the real property on which it is levied and shall
be collected in the same manner and at the same time as other Town
taxes.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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 action authorized under this chapter is taken immediately,
then the Code Enforcement Officer shall have the power to abate, correct
or remove the emergency, and any costs and expenses incurred by the
Town in abating, correcting or removing the emergency shall be charged
to the owner of the property at issue. In the event that the amount
due to the Town by the owner is not paid within 30 following notification
by the Town, the costs and expenses shall become and be a lien upon
the property involved and shall be added to and become part of the
property taxes next to be assessed and levied upon such property by
the Town and shall bear interest at the same rate as and be collected
and enforced in the same manner as taxes.
It shall be unlawful for any person to resist, obstruct, or
interfere with any Town employee or agent engaged in the performance
of remediation work ordered by the Supervisor and Town Board of the
Town of Marcellus.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of this chapter shall,
in addition to reimbursing the Town for the costs of remediation work,
be liable for a fine of not more than $250 for each offense. For purposes
of enforcement, such violation shall be deemed a violation subject
to a term of imprisonment not to exceed 90 days to allow the Town
of Marcellus Justice Court to obtain jurisdiction for service of a
warrant.
The owner(s), occupant(s) or person(s) having control over any
land or property found to be in violation of this chapter, after the
hearing provided for herein, shall not thereafter be entitled to further
hearings for subsequent offenses in the same calendar year. Repeat
or subsequent offenses occurring within the same calendar year on
the same property shall be corrected by the Town, or its agent, without
notice to the owner(s), occupant(s) or person(s) having control of
the property. After initial notification and a hearing, such owner(s),
occupant(s) or person(s) having control of the property will be presumed
to have been given sufficient notice of violation of this chapter
for the duration of the calendar year.
If any section, subsection, paragraph, sentence, clause, phrase
or provision of this chapter shall be, for any reason, held or adjudged
by a court of competent jurisdiction to be invalid or unconstitutional,
such determination shall not affect the validity and enforceability
of the remainder of this chapter.
