[Adopted 5-15-1968 by L.L. No. 2-1968 (Ch. 30, Art. I of
the 1972 Code); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
This article shall be known as the "Brush, Grass,
Rubbish and Weed Control Law of the Town of New Windsor."
A.
It is hereby declared to be the policy of the Town
to provide for the proper use of land to prevent unhealthful, hazardous
or dangerous conditions due to the accumulation of brush, grass, rubbish
or weeds or growth of poisonous shrubs or weeds and to protect the
public health, safety and general welfare of the residents of this
Town.
B.
By this article, the Town seeks to remove such dangers
to health, life and property by requiring owners of land to cut, trim
or remove brush, grass, rubbish or weeds or spray with herbicides,
cut, trim, remove or destroy poisonous shrubs or weeds and, upon default,
causing the same to be done and assessing the costs against the real
properties on which such brush, grass, rubbish, shrubs or weeds are
found.
As used in this article, the following terms
shall have the meanings indicated:
Uncultivated woody shrubs and/or immature trees.
Animal and vegetable waste resulted from the handling, storage,
sale, preparation, cooking and serving of foods.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering and which may also be used as ground covering for the establishment
of drainage swales, flood routes, or water detention basins.
Includes the following:
The owner of the real property upon which any
brush, grass or rubbish ordered cut, trimmed or removed pursuant to
this article is located or upon which any poisonous shrubs or weeds
ordered sprayed with herbicides, cut, trimmed, removed or destroyed
are located.
The owner of the real property immediately fronting
on a portion of any highway, street or road of the Town of New Windsor,
upon which portion any rubbish ordered removed pursuant to this article
is located.
Includes an individual, society, club, firm, partnership,
corporation or an association of persons, and the singular number
shall include the plural number.
Includes the following:
Lumber, junk, trash, debris, building materials,
or any other deleterious materials.
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.
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.
Any unsanitary matter or materials.
Solid waste or garbage.
Tree trimmings, brush, or shrubbery trimmings,
grass clippings, trees, brush or shrubbery or portions thereof severed
from their roots or uprooted trees, brush or shrubbery.
Unwanted or discarded material, including garbage with insufficient
content to be free flowing.
Wild and useless plants growing at random in inappropriate
locations.
A.
Any person being the owner of real property in the Town of New Windsor
shall be required to cut, trim or remove brush, grass, rubbish or
weeds; to spray with herbicides, cut, trim, remove or destroy poisonous
shrubs or weeds; or to remove snow and ice upon his lands when ordered
to do so by the Code Enforcement Officer.
[Amended 5-3-2017 by L.L.
No. 7-2017]
B.
No person being the owner of real property in the
Town of New Windsor shall permit or maintain any growth of grass or
weeds or other obnoxious growth to a height on average of more than
10 inches on any part of said property, whether occupied or unoccupied,
or on the area between the property line of an adjacent public highway
or sidewalk and the pavement edge of the road.
C.
No person being the owner of real property in the
Town of New Windsor shall permit, maintain, deposit or scatter over
the premises or private property any rubbish.
D.
No person being the owner of real property in the Town of New Windsor
shall permit the accumulation of snow or ice on the sidewalk area
between the property line of an adjacent public highway or sidewalk
and the pavement edge of the road.
[Added 5-3-2017 by L.L.
No. 7-2017]
A.
Notice shall be served upon such owner or owners by
certified mail, addressed to his or their last known address, and/or
posting of said notice on the premises and mailing a copy of said
notice to the owner at the address or addresses as recorded in the
Sole Assessor's office on the same day as posted.
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.
The Town shall be reimbursed for the cost of
the work performed or services rendered by direction of the Town Supervisor,
as herein provided, by assessment and levy upon the lots or parcels
of land wherein such work was performed or such services rendered,
and the expenses so assessed shall constitute a lien and charge on
the real property on which they are levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges.
A.
Whenever a notice or notices referred to in this article has or have
been served upon or posted on said real property requiring such owner
or owners of the respective lots or parcels of land to cut, trim,
or remove brush, grass, rubbish or weeds; or to spray with herbicides,
cut, trim, remove or destroy poisonous shrubs or weeds; or to remove
snow and ice, and such owner or owners shall neglect or fail to comply
with requirements of such notice or notices within the time provided
therein, the Town Supervisor may authorize the work to be done and
pay the cost thereof out of general Town funds or authorize Town employees
and equipment to perform the work.
[Amended 5-3-2017 by L.L.
No. 7-2017]
B.
Any person, firm or corporation who or which violates
any of the provisions of this article shall be guilty of a violation,
punishable by a fine of not less than $100 nor more than $250 or imprisonment
for a period not to exceed 15 days, or both. Each day that the violation
exists shall be a separate offense.