[HISTORY: Adopted by the Board of Trustees of the Village of Florida 8-11-1987 by L.L. No. 7-1987[1]; amended in its entirety 8-3-2022 by L.L. No. 2-2022. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law was originally enacted as Ch. 48 but was renumbered as Ch. 89 to maintain the alphabetical organization of the Code.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village and the safeguarding of their material rights against unwarranted invasion, and, in addition, such environment is deemed essential to the maintenance and continued development of the economy of the Village and general welfare of its citizens. It is further declared that the restrained accumulation of rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles and machinery and equipment or parts thereof, and the failure to remove rubbish, brush, grass, weeds, debris, inoperative or abandoned vehicles and machinery and equipment or parts thereof from real property, is a hazard to such health, safety and welfare of the citizens of the Village necessitating the regulation, restraint and elimination thereof.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor and vehicle which:
A. 
Is parked without the current year's registration or identification markers as required by law.
B. 
Is either so disabled as to constitute an obstruction to traffic and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it will not obstruct traffic.
C. 
Has been continuously parked on any public street or any public land for a period of 10 days, or on private land for a period of 30 days, and:
(1) 
Is found to be mechanically inoperative and is allowed to remain inoperative on public land for a period of 10 days or on private land for 30 days. Said period of time may be extended, for good cause, by the Chief of Police; or
(2) 
Is no longer in actual use as a vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation, or which has been discarded for use as a vehicle or otherwise abandoned.
D. 
Notwithstanding the above, the owner of any improved real property in the Village shall be allowed to store one unregistered, but otherwise operable motor vehicle or trailer on said property in the driveway or rear yard.
MACHINERY AND EQUIPMENT
Any combination of mechanical, electrical, electromechanical or other means or elements to a given end or for a particular purpose, including vehicles, farm implements, industrial equipment and any or all parts for machinery or equipment.
NOXIOUS WEEDS
Any plant which:
A. 
In the case of grass or weeds, that exceeds 10 inches in height or the height permitted by the New York State Property Maintenance Code. The more restrictive standard shall control; or
B. 
Blocks, hides or interferes with any traffic sign or line of sight so as to cause a hazard or interfere with the normal flow of vehicle traffic; or
C. 
Encroaches upon any sidewalk or path so as to interfere with the normal flow of pedestrian traffic; or
D. 
Is poisonous or detrimental to health.
PROPERTY OWNER
Shall include an owner, lessee, tenant, or any other person who manages or has control over or who occupies a parcel of land in the Village.
RUBBISH
Shall include the following:
A. 
Accumulation of grass cuttings, leaves or yard debris. Rubbish does not include grass cuttings, leaves or yard debris maintained as a contained mulch or compost pile provided dust, odors or other nuisances are not permitted to develop.
B. 
Household garbage or trash, ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, papers, cans, bottles or any other offensive substance which are not properly deposited in a receptacle as described Chapter 71.
C. 
Any matter that attracts or fosters vermin.
D. 
Abandoned vehicles, inoperative or abandoned machinery or equipment, junk, scrap materials, or any other material that creates a safety or fire hazard.
TOTAL EXPENSE
The actual cost incurred by the Village for removal of noxious weeds and rubbish plus a mobilization charge of $150 for the first incident, $200 for the second such incident, $300 for the third such incident and $500 for the fourth and each succeeding incident. This is in addition to any other fee or penalty authorized by this chapter. The mobilization charge may be amended by resolution of the Village Board of Trustees pursuant to Chapter 8, Fees, of the Village of Florida Code.
A. 
Property owners shall keep his or her property free and clear of accumulation of rubbish as defined in § 89-2. No person shall deposit any rubbish on any land in the Village except in containers or otherwise secured as provided for in Chapter 71 of the Village of Florida Code
B. 
Property owners shall keep his or her property clear of noxious weeds as defined in § 89-2.
C. 
No person shall be permitted to abandon, leave, dump, store or keep any rubbish or other matter which creates a nuisance or hazard upon any public street, public place or on any privately owned property within the Village.
A. 
In the event of noncompliance with the requirements of § 89-3, the Code Enforcement Officer, Fire Inspector, or Department of Public Works Superintendent or any police officer may issue a written notice to remedy which states:
(1) 
That the owner must remove all noxious weeds and/or rubbish as defined above within seven days from receipt thereof;
(2) 
In the event the owner fails to so remove, the Village, upon such default, shall cause such noxious weeds and/or rubbish to be removed;
(3) 
The total expense of such removal shall be assessed by the Board of Trustees on the real property upon which such rubbish and noxious weeds were found, and the expense so assessed shall constitute a lien and charge upon the real property upon which it is levied until paid or otherwise satisfied and discharged;
(4) 
That the lien shall be collected in the same manner and at the same time as other Village charges are collected.
B. 
Such notice shall be deemed to be properly served if served upon the owner, agent, operator and/or occupant, as the case may require, if (1) a copy is served upon him or her personally; or (2) if a copy thereof is sent by certified mail to the last known address, as set forth on the most recent assessment role, of such person, or (3) if a copy is posted in a conspicuous place in or about the building or property affected by the notice, and if a copy is mailed by certified mail on the same day it is posted to the owner, agent, operator or occupant, or (4) by such other method authorized by the laws of the State of New York.
A. 
In the event the property owner of said land fails to comply with the notice to remove and the Village causes such noxious weeds and rubbish to be removed, the total expenses of such removal shall be assessed by the Board of Trustees on the real property upon which such rubbish and noxious weeds were found, and the total expense so assessed shall constitute a lien and charge upon the real property upon which it is levied until paid or otherwise satisfied and discharged. The lien shall be collected in the same manner and at the same time as other Village charges are collected.
B. 
The removal of noxious weeds or rubbish by the Village of Florida or its designee shall not operate to excuse the property owner from properly maintaining his or her property as set forth above.
C. 
A property owner may request a hearing before the Village Board of Trustees to determine the justness of the actual expense of removal within 30 days of receiving notice of the charge.
A person who fails to comply with the provisions of any notice served pursuant to this chapter shall be deemed to have violated this chapter.
Any person or corporation violating any of the provisions of this chapter shall, upon conviction thereof, in addition to the charges imposed pursuant to § 89-5, shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.