[HISTORY: Adopted by the Town Board of the Town of Hyde 10-15-2018 by L.L. No. 7-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 85,
Grass Maintenance, adopted 7-16-2018 by L.L. No. 5-2018.
A.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to provide for the health, safety, appearance and general
welfare of the public, the residents of the Town of Hyde Park, and
the owners of real property located within the Town of Hyde Park.
B.
The Town Board finds that properties on which the lawns are not adequately
maintained tend to diminish or lessen the appearance thereof or detract
from the appearance of adjoining properties, which may lead to the
progressive deterioration of a neighborhood.
C.
The purpose and intent of this chapter is to provide a method whereby
the lawns on properties within the Town are properly maintained.
A.
This chapter applies to all lots, plots or parcels of land on which
residential, nonresidential or mixed-use buildings are located, regardless
of whether they are vacant, unoccupied or abandoned.
B.
The provisions of this chapter shall supplement the Property and
Maintenance Code of New York State. When a provision of this chapter
is found to be inconsistent with any provision of any other local
law, code or regulation of the Town or state, the provision or requirement
which is the more restrictive or which establishes the higher standard
shall prevail. A greater penalty shall not be considered as more restrictive
or a higher standard.
As used in this chapter, the following terms shall have the
meanings indicated:
Exterior portion of property which includes grass, ground
cover, weeds and/or other similar plant growth and vegetation. This
term shall not, for purposes of this chapter, include cultivated flowers
and gardens.
The owner, the attorney for the owner, the tenant, the trustee
in bankruptcy, lending institution which has commenced foreclosure
proceedings against the subject property, a referee of foreclosure
or a real estate broker or any other person exercising implied or
express control of the premises, to be determined on a case-by-case
basis.
The person, individual, business, partnership, firm or corporation
whose name is listed as grantee on the last deed of record for the
property recorded with the Dutchess County Clerk.
The owner or person in control, as the case may be, of any property
subject to this chapter shall maintain his/her lawn trimmed to a height
of no greater than 11 inches.
A.
Enforcement official: The Building Inspector (including Deputy Building
Inspector) is hereby designated to administer and to enforce this
chapter.
B.
Compliance orders:
(1)
The Building Inspector is authorized to order, in writing, the remedying
of any condition or activity found to exist in, on or about any premises
in violation of this chapter. Upon finding that any such condition
or activity exists, the Building Inspector shall issue a compliance
order.
(2)
The Building Inspector shall cause the compliance order, or a copy
thereof, to be served by at least one of the following methods.
(a)
Personal service upon the owner or person in control of the
property or premises;
(b)
Mailing by registered or certified mail to the owner or person
in control of the property or premises; or
(c)
Posting a copy of the compliance order upon the front portion
of the property or upon the main structure and mailing a copy of such
notice by certified or registered mail to the owner of the property
at the address shown on the current assessment records of the Town
or the person in control of the property.
(3)
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the officer;
(c)
Specify the condition or activity that violates this statute;
(d)
Specify the provision or provisions of this statute which is/are
violated by the specified condition or activity;
(e)
Specify that such violation must be corrected or abated within
seven days of the date of service; and
(4)
The date of service of a compliance order issued pursuant to this
section shall be the date of personal service or 10 days following
the date of mailing, whichever is applicable.
C.
Compliance; correction or removal by town.
(1)
Any owner or person in control of any property or premises which
has been determined to be in violation of the requirements of this
statute shall cure, abate, correct or remove such violation, when
ordered to do so by the Building Inspector, within seven days of the
service of written notice as provided in Section 6 above.[2]
[2]
Editor's Note: So in original.
(2)
In the event that the owner, tenant or person in control of any such
premises shall fail to comply with the order to remedy, as set forth
in Section 6(B)(1),[3] the Building Inspector shall make an inspection of the
property and report his or her findings to the Town Board.
[3]
Editor's Note: So in original.
(3)
The Town Board, after review of the report, may take any, or all,
of the following action(s):
(a)
Provide authorization to the Building Inspector and/or the Attorney
to the Town to institute appropriate legal action in a court of competent
jurisdiction, seek civil and/or criminal remedies for the violation(s);
(b)
Take all necessary steps to correct or remove the violation,
either by Town of Hyde Park employees or by the Town's designee
or agent, including a private contractor; to mow or trim the lawn
or mow the ground cover which violates the provisions of this chapter.
(4)
The owner or person in control of the property shall be responsible
to reimburse the Town of Hyde Park for costs and expenses incurred
in abatement of the violation. Such costs and expenses shall include
the necessary and reasonable attorneys' fees incurred by the
Town in prosecuting the violation and necessary and reasonable administrative
costs of enforcement, as prescribed in the Town's Fee Schedule.
In the event of failure to reimburse the Town for such costs, the
following shall apply:
(a)
The Town may seek recovery of such costs by action venued in
a court of appropriate jurisdiction, and the defendant(s) shall be
responsible for the reasonable and necessary attorneys' fees
expended by the Town in prosecuting such action.
(b)
Alternatively, and at the sole discretion of the Town, a default
in reimbursement of costs incurred by the Town shall be remedied by
charging such sums against the real property which is the subject
of the violation, by adding that charge to, and making it a part of,
the next annual real property tax assessment roll of the Town. Such
charges shall be levied and collected at the same time and in the
same manner as Town-assessed taxes and shall be paid to the Town,
to be applied in reimbursing the fund from which the costs were defrayed
for the corrective or abatement action.
(5)
The removal or correction of any violation by the Town of Hyde Park
or its agents shall not operate to excuse such owner, tenant, occupant,
managing agent or person in control from properly maintaining the
property or premises as required by this chapter in the future.
