[HISTORY: Adopted by the Town Board of the
Town of Van Buren 9-19-2006 by L.L. No. 5-2006. Amendments noted where
applicable.]
[Amended 11-18-2008 by L.L. No. 12-2008]
A.
It is hereby declared to be the policy of the Town
to provide for the proper use of land to prevent unhealthy, hazardous,
or unsightly conditions due to the accumulation of brush, grass, leaves,
rubbish, or weeds in order to protect the public health, safety and
general welfare of the residents of this Town.
[Amended 7-19-2011 by L.L. No. 3-2011]
B.
By this chapter, the Town seeks to remove such threats
to health, life and property by requiring owners of land to take remedial
action to cut, trim or remove brush, grass, rubbish and/or weeds and
to further refrain from placing such items in a public right of way
for prevention from being carried away or disrupted by animals and
the elements.
[Amended 7-19-2011 by L.L. No. 3-2011]
C.
All structures and premises located within the Town,
whether occupied or vacant, shall be maintained in conformity with
the Property Maintenance Code of New York State and the standards
set out in this chapter so as to assure that none of these structures
or premises will adversely affect their immediate neighborhoods or
the larger community.
As used in this chapter, the following terms
shall have the meanings indicated:
- BRUSH
- Uncultivated woody shrubs and/or immature trees.
- GARBAGE
- Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
- GRASS
- Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering. May also be used as ground covering for the establishment of drainage swales, flood routes or water detention basins.
- OWNER
- Includes an individual or individuals, society, club, firm, partnership, corporation or an association of persons, and the singular number shall include the plural number.
- RESIDENTIAL DISTRICTS
- Includes zoning districts designated as "R" districts in the Town of Van Buren, but not including the AR-80 District.
- A. Includes the following:
- (1) Lumber, junk, debris, building materials, or any other deleterious materials.
- (2) Any abandoned, discarded or unused objects or equipment, such as, but not limited to, automobile parts, furniture, stoves, refrigerators, freezers, appliances, cans, containers or vehicle tires.
- (3) Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals or insects.
- (4) Any unsanitary matter or materials.
- (5) Solid waste and garbage.
- (6) Tree trimmings, brush, or shrubbery trimmings, leaves, grass clippings, trees, brush or shrubbery or portions thereof severed from their roots, or uprooted trees, brush or shrubbery.[Amended 7-19-2011 by L.L. No. 3-2011]
- (1)
- B. However, for purposes of this chapter, the term "rubbish" shall not include any of the foregoing if stored in closed containers.
- SOLID WASTE
- Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing, and as defined in § 162-2 of the Town of Van Buren Code.
- WEEDS
- Wild and uncultivated plants growing at the whim of nature in locations not specifically intended.
A.
It shall be a violation of this chapter for the owner
of any real property in the Town of Van Buren to permit, maintain,
deposit or scatter rubbish on or over any premises or to violate the
Property Maintenance Code of New York State.
[Amended 11-18-2008 by L.L. No. 12-2008]
B.
It shall be a violation of this chapter for the owner
of any lot within the Town to permit or maintain on any such lot or
land, inclusive of the land between the curbline and lot line, any
growth of brush, grass, or weeds higher than 10 inches on the average.
[Amended 9-4-2012 by L.L. No. 5-2012]
C.
It shall
be a violation of this chapter for the owner of any real property
in the Town of Van Buren or an agent of such owner to place any rubbish
in a public right-of-way.
[Added 7-19-2011 by L.L. No. 3-2011[1]]
D.
Each violation of this chapter shall be punishable
by a fine not to exceed $250, imprisonment up to 15 days, or both.
Each day's violation shall be considered a new and separate offense
subject to a separate penalty.
E.
The Code Enforcement Officer, or such other title
as may be given by the Town Board, is empowered to enforce the provisions
of this chapter and to issue and serve appearance tickets and such
other process as may be required and/or authorized by these regulations
or the Criminal Procedure Law in the course of such enforcement proceedings.
Any enforcement action or proceeding may be commenced upon the personal
knowledge of the Code Enforcement Officer or upon the sworn statement
of another individual.
The provisions of § 145-3B of this chapter related to the growth of brush, grass, or weeds shall not apply to any lots or land which are under cultivation in a good or husbandry-like manner; from which crops are regularly grown for actual use; to drainage areas or natural open space areas, or to a section of a subdivision which is actively under construction and is less than 75% complete.
A.
If any of the provisions of this chapter are not complied
with, the Code Enforcement Officer shall serve written notice and
an order to remedy such violation personally upon the owner of the
property; or send it by certified mail, return receipt requested,
and by regular mail addressed to the last known address of the owner;
and/or post in a conspicuous place on the property.
B.
Service of notice upon any owner of land, or the designated
person to receive process as provided by law, shall suffice for the
purposes of this section. Service of such notice shall not, however,
be a required prerequisite to the prosecution of any violation of
this chapter in any court of competent jurisdiction.
[Amended 11-18-2008 by L.L. No. 12-2008]
A.
If the owner upon whom the notice is served fails,
neglects or refuses to comply with said notice within 10 days after
the service of such notice, or if such notice was served by posting
upon the premises, then within 15 days after such posting:
(1)
The Town shall cause such noncompliance to be remedied;
and
(2)
All expenses incurred in such work shall:
(a)
Be certified by the Town officer or employee
overseeing the work to the Town Clerk; and
(b)
Thereupon become and be a lien upon the property
on which such work was performed; and
(c)
Be added to and become part of the taxes next
to be assessed and levied upon such lot or land; and
(d)
Bear interest at the same rates as taxes and
shall be collected and enforced by the same officer and in the same
manner as Town taxes.
B.
This remedy is available to the Town in addition to
such penalties and enforcement proceedings as are otherwise authorized
under this chapter.
[Added 11-18-2008 by L.L. No. 12-2008]
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately remedied, removed or repaired, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the remedy, removal or repair of such unsafe condition. The expense of such remedy, removal or repair shall be a charge against the property on which it is located and shall be assessed, levied and collected as provided in § 145-6.
