[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 4-3-1989
as L.L. No. 2-1989. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Building Inspector or his duly authorized representative.
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
It shall be unlawful for any owner, lessee or occupant, or any agent,
servant, representative or employee of any such owner, lessee or occupant,
having control of any occupied or unoccupied building lot or plot of land,
or any part thereof, in any developed section of the Village of Ellenville
to permit or maintain on any such lot or plot of land or on or along the sidewalk,
street or alley adjacent to the same between the property line and the curb
or the middle of the alley or for 10 feet outside of such property line, if
there be no curb, any growth of weeds, grass or other rank vegetation to a
height greater than 10 inches on the average or any accumulation of dead grass,
weeds or brush. It shall also be unlawful for any such person to cause, suffer
or allow poison ivy, ragweed or other poisonous plants or plants detrimental
to health to grow on any such lot or plot of land in such manner that any
part of such ivy, ragweed or other poisonous weed shall extend upon, overhang
or border any public place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Ellenville to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 68-2, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this chapter.
It shall be unlawful for any person, either as owner, lessee, agent,
tenant or otherwise, to throw, cast or deposit or cause or permit to run,
drop or remain or to be thrown, cast or deposited in or upon any vacant lot
of land or vacant place upon the surface of any lot of land, enclosed or otherwise,
within the Village of Ellenville, New York, except at such place as designated
or provided by the Board of Trustees of the Village of Ellenville, New York,
any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes, shavings
or any filthy, combustible or flammable materials, rubbish, garbage or dirt
whereby a fire hazard, danger or risk is or may be engendered or injuriously
effected or whereby the premises of another or the enjoyment of the premises
of another are or may be injured, damaged, interfered with or prejudiced.
Nothing in this section shall be construed as to prohibit the depositing of
manure upon any private property for the cultivation of the same.
If the provisions of the foregoing sections are not complied with, the
Building Inspector shall serve written notice, either personally or by mail,
upon the owner, lessee or occupant, or any person having the care or control
of any such lot of land, to comply with the provisions of this chapter. If
the person upon whom the notice is served fails, neglects or refuses to cut,
remove or cause to be cut and removed such weeds, grass, vegetables or rubbish
within five days after receipt of such notice or if no person can be found
in the Village of Ellenville who either is or claims to be the owner of such
lot or land or who either represents or claims to represent such owner, the
Building Inspector may, following approval of the Board of Trustees, cause
such weeds, grass, vegetation or rubbish on such land to be removed, and the
actual cost of such removal, plus 10% for inspection and other additional
costs in connection therewith, shall be certified by the Building Inspector
as to the property on which such weeds, grass, vegetation or rubbish were
located and shall 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 officers
and in the same manner as taxes.
[Amended 10-16-2000 by L.L. No. 5-2000]
Every person convicted of a violation of any of the provisions of this
chapter shall, for the first conviction thereof, be punished by a fine of
not less than $100 and not more than $500; for a second or subsequent conviction
within six months after any previous conviction, such person shall be punished
by a fine of not less than $200 and not more than $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment. Each day
of continued violation shall constitute a separate additional violation.
