[Adopted 8-24-1936 by Ord. No. 12; amended 10-21-2019 by L.L. No. 4-2019]
A. 
It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of such owner, lessee or occupant, having control of any occupied or unoccupied lot or land or any part thereof in the Incorporated Village of Valley Stream to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same, between the property line and the curb or middle of the alley, or for 10 feet outside the property line if there is no curb, any growth of weeds, grass or other rank vegetation to a greater height than 12 inches on the average, or any accumulation of dead weeds, grass or brush.
B. 
It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed, shall extend upon, overhang or border any public place, or to allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
C. 
It shall be unlawful for any owner, lessee, occupant, or any agent, servant, representative or employee of such owner, lessee or occupant having control of any lot or land or any part thereof in the Incorporated Village of Valley Stream to plant, permit or to maintain anywhere on such lot bamboo or any similar invasive plant.
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, bamboo or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 91-1, provided that cutting and removing of such weeds, grass and vegetation at least once in every three weeks shall be deemed to be a compliance with this article.
If the provisions of the foregoing sections are not complied with, the Village Clerk shall serve written notice upon the owner, lessee or occupant, or any person having the care or control of any such lot or land, to comply with the provisions of this article. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or cause to be cut and removed such weeds, grass, bamboo or other vegetation within five days after receipt of such notice, or if no person can be found in the Village of Valley Stream who either is or claims to be the owner of such lot or land, the Board of Trustees shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal, plus 5% for inspection and other additional costs in connection therewith, shall be certified by the Village Clerk to the Board of Trustees, and shall thereupon become and be a lien upon the property on which such weeds, grass, bamboo and other vegetation were located and shall, in conformity with Article 5 of the Village Law of the State of New York, be added to and become and form part of the taxes next to be assessed and levied upon such lot or land; and shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
A. 
Any person who shall neglect to cut and remove bamboo, weeds, grass or other vegetation as directed in this article, or to plant, permit or maintain bamboo or any similar invasive plant, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided, or who shall resist or obstruct the Village of Valley Stream or its employees in the cutting and removal of weeds, bamboo, grass and other vegetation shall, upon conviction thereof, be subject to a fine up to $1,500, and each day on which such violation continues shall constitute a separate offense. In addition to the above stated fine, such violation shall constitute disorderly conduct, and such person may be sentenced to up to 15 days in jail.
B. 
The foregoing and all other fines provided for in Chapter 91 may be changed from time to time by the Board of Trustees by resolution.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock corporations, societies and all other entities of any kind capable of being sued.
All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Incorporated Village of Valley Stream inconsistent with the provisions of this chapter are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this chapter shall be in addition to other legislation regulating and governing the subject matter covered by this chapter.
If any section, paragraph, subdivision or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.
This article shall be effective immediately upon its filing in the office of the Secretary of State.