[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.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 119.
Littering — See Ch. 137.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The Building Inspector or his duly authorized representative.
PERSONS
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.