[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-1971]
[Amended 8-11-1978 by L.L. No. 3-1978]
For the protection of the residents of the Village
of Southampton, it shall be the duty of all owners of land in the
Village of Southampton to maintain their properties in such a manner
as to properly control the growth of brush, grass, hedges and weeds
and the accumulation of rubbish thereon.
[Amended 8-11-1978 by L.L. No. 3-1978]
If, in the judgment of the Board of Trustees,
any brush, grass, hedges, rubbish or weeds are in need of being cut,
trimmed or removed because the same constitute or are about to become
a fire, health or safety hazard, the Board of Trustees shall cause
a notice in writing to be served upon the owner, demanding that such
action be taken by the owner within 10 days from the date of the notice.
Such notice to comply mailed to such owner, addressed to his last
known address, shall be sufficient service thereof.
[Amended 8-11-1978 by L.L. No. 3-1978]
Upon default by the owner, the cutting, trimming
or removal may be done by the village and the expense thereof assessed
by the village against the real property on which such brush, grass,
hedges, rubbish or weeds in need of being cut, trimmed or removed
were located, and said expense shall constitute a lien and charge
upon such real property, until the same is paid or otherwise satisfied
or discharged, and shall be collected in the same manner provided
by law for the collection of delinquent taxes.
[Amended 8-11-1978 by L.L. No. 3-1978]
If the Board of Trustees has served a notice to comply on an owner pursuant to the foregoing procedure, and if within six months from the date of the said notice any brush, grass, hedges, rubbish or weeds on the same property of the same owner are, in the judgment of the Board of Trustees, again in such need of being cut, trimmed or removed, the cutting, trimming or removal may be done by the village without the necessity of another notice to comply, provided that the notice to comply sent to the owner on the first occasion specified that such action could be taken without further notice. The provisions of § 41-3 above with respect to assessing the expenses against the real property involved of cutting, trimming or removal done by the village shall apply to any cutting, trimming or removal done by the village pursuant to this section.
No owner of land fronting or abutting on a street
or road in the Village of Southampton shall permit any growth of brush,
grass or weeds to a greater height than five inches or any accumulation
of rubbish between his property line and the center of the street
or road. Such brush, grass, weeds or rubbish shall be cut, trimmed
or removed as often as may be necessary to comply with the foregoing
provisions of this section. It such owner shall fail to comply with
the foregoing provisions of this section, the Board of Trustees shall
cause a notice in writing to be served upon such owner, demanding
that the owner comply with such requirements within 10 days from the
date of the notice. Such notice to comply mailed to such owner, addressed
to his last known address, shall be sufficient service thereof. Upon
default by the owner, the cutting, trimming or removal may be done
by the village. If the Board of Trustees has served a notice to comply
on an owner pursuant to this section, and if within six months from
the date of the said notice the same owner of the same property again
permits any growth of such brush, grass or weeds to a greater height
than five inches or any such accumulation of rubbish, the cutting,
trimming or removal may be done by the village without the necessity
of another notice to comply, provided that the notice to comply sent
to the owner on the first occasion specified that such action could
be taken without further notice. Each and every occasion on which
cutting, trimming or removal is done by the village pursuant to this
section shall constitute a violation of this section by the owner,
and for each and every such violation the owner shall be subject to
a penalty, which shall be and hereby is fixed at a sum equal to the
expense of such cutting, trimming or removal plus the costs of the
enforcement proceeding.
[Adopted 9-8-2011 by L.L. No. 5-2011]
As used in this article, the following terms shall have the
indicated meanings:
The adjacent property owner in relation to a boundary-line
hedge, to wit, the property owner of a parcel adjoining the applicable
boundary line of the parcel owned by the owner of the boundary-line
hedge, the applicable boundary line being the boundary line along
or near the boundary-line hedge.
A hedge located along or near a boundary line between adjoining
parcels
The owner of a boundary-line hedge.
A.
It shall be the duty of all owners of boundary-line hedges in the
Village to maintain such hedges in such a manner as to properly control
the growth of such hedges. It shall be the duty of all owners of boundary-line
hedges in the Village to regularly cut and trim such hedges so as
to prevent such hedges from becoming overgrown and unsightly.
B.
In furtherance of the duties set forth in Subsection A above, the owner shall cause the boundary-line hedge to be cut and trimmed at least annually (once a year), including the top of such hedge and the side of such hedge facing the adjoining owner, provided that the adjoining owner gives written permission to enter upon the adjoining owner's parcel for the purpose of such cutting and trimming, if entry upon the adjoining owner's parcel is reasonably necessary in order to do such cutting and trimming. Such cutting and trimming shall include cleanup and removal of the cut and trimmed growth.
C.
If the owner does not cause the required annual cutting and trimming of the boundary-line hedge to be done by July 31 of any year, the owner shall cause the boundary-line hedge to be cut and trimmed within 30 days from the date of the notice provided for in § 41-8A.
D.
It shall be the duty of an adjoining owner who seeks enforcement
of this article by the Village to provide the Village with a survey
certified by a licensed surveyor (showing relevant facts with respect
to the boundary-line hedge) if necessary in order to facilitate the
enforcement of this article.
A.
If the owner does not cause the required annual cutting and trimming
of the boundary-line hedge to be done by July 31 of any year, the
adjoining owner may give notice, in writing, to the owner, by certified
mail, return receipt requested, addressed to the owner at the owner's
address as shown on the latest Village assessment roll, which notice
shall include the following:
(1)
A demand by the adjoining owner that the owner cause the boundary-line
hedge to be cut and trimmed, including the top of such hedge and the
side of such hedge facing the adjoining owner, within 30 days from
the date of such notice;
(2)
Permission from the adjoining owner to enter upon the adjoining owner's
parcel for the purpose of such cutting and trimming, if entry upon
the adjoining owner's parcel is reasonably necessary in order to do
such cutting and trimming;
(3)
A copy of the provisions of this article.
B.
If the owner fails to cause the boundary line hedge to be cut and
trimmed (including the top of such hedge and the side of such hedge
facing the adjoining owner) within 30 days from the date of such notice,
such failure shall constitute a violation of this article.
