[HISTORY: Adopted by the Board of Trustees of the Village of Avon as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-1-2010 by L.L. No. 5-2010]
This article is adopted pursuant to the authority of § 4-414 of the Village Law of the State of New York and shall be known as the "Property Maintenance Law of the Village of Avon."
Pursuant to, and in accordance with, the provisions of § 4-414 of the Village Law of the State of New York and other applicable provisions of law, the owners of land within the Village of Avon (the "Village") shall cut, trim or remove from the land owned by them brush, grass, debris, rubbish, or weeds, or spray poisonous shrubs or weeds on such land in order to promote the health, safety and welfare of the residents of the Village of Avon.
A. 
In the event that a property owner fails to remove any such brush, grass, debris, rubbish, or weeds, or spray poisonous shrubs or weeds on such land, at the direction of the Village Board of Trustees, the Code Enforcement Officer shall serve a notice of the same in the following manner:
(1) 
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in said property as shown by the records of the Village Treasurer or of the Livingston County Clerk, or if no such person can reasonably be found, by mailing such owner by registered mail a copy of such notice directed to his/her last known address as shown by the above records; and
(2) 
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and
(3) 
By securely affixing a copy of such notice upon any residence or other structure located on the property.
B. 
The notice shall contain the following:
(1) 
A description of the condition of the property needing remediation.
(2) 
An order outlining the manner in which the property is to be made compliant with this article.
(3) 
A statement that the remediation of the property shall commence within five days of the service of the notice and shall be completed within 10 days thereafter, unless, for good cause shown, such time shall be extended by the Village Board of Trustees.
(4) 
A statement that, in the event of neglect or refusal to comply with the order, the Village is authorized to cause such grass, debris, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Village and the total expense of such cutting, trimming, removal or spraying may be assessed by the Board of Trustees on the real property on which such brush, grass, debris, rubbish, weeds or poisonous shrubs or weeds were found, and the expense 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 Village charges.
If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Village Board of the Village of Avon hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
All ordinances, local laws and parts thereof inconsistent with this article are hereby repealed.
This article shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both.