[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 7-10-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 160.
Property and building nuisances — See Ch. 190.
Solid waste — See Ch. 211.
Zoning — See Ch. 250.
[1]
Editor's Note: This enactment supersedes former Ch. 103, Brush, Grass and Weeds, adopted 10-23-1989 by L.L. No. 5-1989 as Ch. 77 of the 1989 Code, as amended.
A. 
Every owner, lessee, occupant and other person having charge of any building or lot of ground in the Village shall cut, trim or remove brush, grass, rubbish or weeds therefrom; provided, however, that if said brush, grass, rubbish or weeds are regularly removed from said premises by the Village or private sanitary disposal contractor, then and in that event only, said brush, grass, rubbish or weeds may be stored upon the premises in tightly sealed containers until the next regular pickup date by the aforesaid.
B. 
The maximum allowable height for grass or weeds on any lot or parcel of ground in the Village shall be 10 inches as determined by New York State Property Maintenance Code, Section 302.4.
C. 
Gardens, cultivated crops, trees or other vegetation kept for ornamental or other useful purpose, as determined by the code enforcement office, shall not be considered to be in violation of the provisions of this chapter as long as the associated vegetation does not encroach on lot lines. Gardens and cultivated crops must be removed immediately following the growing season in that particular calendar year.
Compost piles or compost heaps are defined as a heap or pile of vegetation or other organic residues that are decaying to become compost. The only type of materials allowed for composting are grass, leaves and other organic vegetation, and piles must maintain at least a fifteen-foot setback to any property line. Any compost piles emitting offensive odors or harboring rodents and insects shall be immediately removed and disposed of.
Any brush, grass, leaves, rubbish or weeds which are to be removed by the Village by collection must be placed in containers with a capacity not to exceed 30 gallons, with covers, which are of rigid plastic or metal construction. Any yard waste placed on the curb for collection in containers other than those herein described will not be collected by the Village. Plastic bags are specifically prohibited.
If the owner of property within the Village is a nonresident and shall have no resident agent acting in his behalf, a notice to cut, trim or remove brush, grass, rubbish, weeds or other materials shall be mailed to such owner at his last known address.
[Amended 6-5-2023 by L.L. No. 7-2023]
Upon failure of the owner, lessee, occupant or other person having charge of any building or lot of ground within the Village to cut, trim or remove brush, grass, rubbish or weeds therefrom within three days from the time such person has been served with notice to cut, trim or remove such brush, grass, rubbish or weeds, the Village may cause such grass, brush, rubbish, weeds or other materials to be cut, trimmed or removed, and the total cost thereof, plus a $50 administrative fee, shall be assessed upon the real property on which such brush, grass, rubbish or weeds are found and 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 by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. A notice issued herein shall be served either personally upon the owner, the manager designated by § 160-31 or responsible person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at his or her last known address.
[Amended 6-5-2023 by L.L. No. 7-2023]
A. 
Penalties. In addition to such other penalties as may be prescribed by state law:
(1) 
Any person who violates any provision of this chapter, or any term, condition, or provision of any notice issued pursuant to this chapter, shall be punishable by a fine of not more than $250 per day of violation; and
(2) 
Any person who violates any provision of this chapter, or any term, condition, or provision of any notice issued pursuant to this chapter, shall be liable to pay a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village.
B. 
Injunctive relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board of this Village.
C. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy available to address any violation of this chapter.