It is the purpose of this article to promote the public health,
safety and general welfare and to maintain property within the Town
of Williamson in a safe, healthy and aesthetically pleasing manner.
The following words, phrases and terms shall have the following
meanings:
The official who is charged with the administration and enforcement
of this Code, or any duly authorized representative.
Any brush, grass, weeds, shrubs or rubbish and/or garbage
that has grown or accumulated in such a manner that it is detrimental
to the public health or has become a fire hazard.
Worn out or discarded material of little or no value, including
but not limited to household appliances or parts thereof, tools, discarded
building materials, discarded furniture, discarded or broken toys,
used tires or any other unsightly debris, the accumulation of which
has an adverse effect upon neighborhood or Town property values, health,
safety or general welfare. "Junk" shall also include refuse, trash
and rubbish.
Land covered with grass kept closely mowed, especially around
a house.
A statement, in writing, above the signature of the Code
Enforcement Officer or designee, setting forth the name and address
of the person/owner, mortgagee, mortgagor, occupant, or tenant to
be served, the date, time and location of the violation, a description
of the violation, the date by which the violation must be cured, notice
of a right to a hearing, the penalties which may accrue and the right
of the Code Enforcement Office or designee to correct the violation
if not corrected in a timely manner.
Grass, brush, rubbish or weeds of a nature which are a fire
or health hazard, including lawns in excess of 10 inches in height,
and shall also include any plants or vegetation in excess of six inches
in height between the sidewalk and curb of any property.
Any person, firm, partnership, association, corporation,
company or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
Combustible refuse, but not limited to paper, cartons, boxes,
barrels, wood, excelsior, tree branches, yard trimmings, wood furniture
and bedding. Noncombustible refuse, including but not limited to metals,
tin cans, metal furniture, discarded or partially or wholly dismantled
used motor vehicles, abandoned or inoperable appliances, glass, crockery
and other discarded household items and similar material that is inoperable,
ruined or discarded.
A.Â
No person shall maintain, plant or permit to remain on any private
property any noxious weeds or growth or permit rubbish or junk to
accumulate thereon.
B.Â
All premises and immediate exterior property shall be maintained
free from noxious weeds or growth. No owner, occupant or person having
control of any lot or land in the Town shall maintain, plant or permit
any noxious weeds.
C.Â
The area between the property line and the curb, or for 10 feet outside
the property line if there is no curb, shall be maintained to ensure
that no growth of weeds, grass or flowers shall exceed six inches
on average or to allow any accumulation of dead weeds, grass or brush.
D.Â
If an area is established as a flower garden, garden, or natural
area of wildflowers, the area must be clearly defined by the utilization
of fencing, mulching or other form of delineation and shall be located
not closer than 10 feet to any public roadway, street, or right-of-way.
E.Â
It is prohibited to allow hedges, shrubs or trees to encroach onto
public sidewalks and lines of sight of public roadways.
F.Â
No person shall cause the accumulation of any noxious weeds or growth,
including raked leaves and lawn clippings, to be deposited in whole
or in part on any public roadway.
G.Â
Garbage, refuse, and recycling. Every occupant of a dwelling unit
shall see to the proper and sanitary disposal of garbage and refuse
into covered receptacles. Rubbish toters and recycling containers
are to be set out for pickup no earlier than the evening before the
day designated for occupants' rubbish removal and they are to
be removed from the curb within 24 hours.
H.Â
All items left on the exterior of the property after an eviction
shall be the responsibility of the owner of the property to legally
dispose of within 72 hours of the legal eviction. In the event, due
to extenuating circumstances, the seventy-two-hour time frame cannot
be complied with, the owner of the property shall contact the Code
Enforcement Officer immediately to seek approval for an extension
of the seventy-two-hour time limit.
Complaints concerning any violation of this chapter shall be
made to the Code Enforcement Officer or any duly authorized representative
for the Town of Williamson, who shall immediately cause an investigation
to be made with respect thereto and the written report of such investigation
filed with the Code Enforcement Office.
A.Â
If, after such investigation, it appears that there is a reasonable
basis to believe that any of the provisions of this chapter have been
violated, the Code Enforcement Officer shall immediately cause a notice,
in writing, to be served upon the owner or occupant of the property.
The owner, occupant or any person having control over any lot, land
or property found in violation of said code shall be notified, in
writing, only once in any given year for a particular violation. Subsequent
violations of a similar nature at the same location during the same
year shall be corrected by the Town or its agent without notice to
the owner, occupant or person having control of said property. After
initial notification, such owner, occupant or person having control
of said property will be presumed to have been given sufficient notice
of infraction for the entire season. Such notice shall set forth the
nature of the complaint and shall direct the owner or occupant to
remove said noxious weeds and growth, junk, or refuse. Said notice
will also state that the owner, occupant or other person having control
of the property will be notified, in writing, only once in any given
year for a particular violation. Subsequent violations of a similar
nature at the same location during the same year shall be corrected
by the Town or its agent without notice to the owner, occupant or
person having control of said property. After initial notification,
such owner, occupant or person having control of said property will
be presumed to have been given sufficient notice of infraction for
the entire season.
B.Â
The notice required under this chapter shall be served upon the owner
or his or her executor, legal representative, agent, lessee or any
other person having a vested or contingent interest in such premises
as shown by the records of the Town Assessor or of the Wayne County
Clerk. Service shall be made either personally or, if not by personal
service, sent by mail addressed to the owner at the address of record.
If the letter is returned, a copy shall be posted in a conspicuous
place in or about the structure affected by such notice. Service of
such notice in the foregoing manner upon the owner's agent or
upon the person responsible for the property shall constitute service
of notice upon the owner. Issuance of a summons by a Code Enforcement
Officer or a member of the Code Enforcement Offices having jurisdiction
will also constitute service of notice. The notice shall also set
forth the consequences and effect of failure to comply with the said
notice, which may include monetary fines or liens placed on personal
property.
A.Â
In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Town Board in the event the aggrieved party requests a hearing pursuant to § 135-20, the Town Board shall provide for the removal of the junk, refuse, or noxious weeds and growth, as the case may be, either by Town employees or by contract, and the total cost thereof, including an administrative fee of $100, shall be billed to the owner and, if not paid within 45 days, will be assessed upon the real property upon which the junk, refuse, or noxious weeds and growth are found, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Town Clerk in the manner provided by law for the collection of real property taxes.
B.Â
A second violation for the same or subsequent offense within a calendar
year will result in a civil penalty of $100 being billed to the property
owned and levied upon the property owner's Town tax and collected
as provided by law if not timely paid.
Any person feeling aggrieved by any such action or notice may,
within 72 hours after the receipt of such notice, demand the matter
be inquired into by the Town Board. Such demand must be in writing,
signed by the person seeking such inquiry, and filed with the Town
Clerk. Within a reasonable time, the Town Board shall schedule a date,
time and place for a hearing before the Town Board in which the aggrieved
person may address the Town Board.
