Town of New Windsor, NY Article II Brush, Grass, Rubbish and Weed Control

[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)]

§ 223-3 Title.

This article shall be known as the "Brush, Grass, Rubbish and Weed Control Law of the Town of New Windsor."

§ 223-4 Declaration of policy.

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.

§ 223-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BRUSH

Uncultivated woody shrubs and/or immature trees.

GARBAGE

Animal and vegetable waste resulted 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 and which may also be used as ground covering for the establishment of drainage swales, flood routes, or water detention basins.

OWNER

Includes the following:

A. 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.

B. 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.

PERSON

Includes an individual, society, club, firm, partnership, corporation or an association of persons, and the singular number shall include the plural number.

RUBBISH

Includes the following:

A. Lumber, junk, trash, debris, building materials, or any other deleterious materials.

B. 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.

C. 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.

D. Any unsanitary matter or materials.

E. Solid waste or garbage.

F. 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.

SOLID WASTE

Unwanted or discarded material, including garbage with insufficient content to be free flowing.

WEEDS

Wild and useless plants growing at random in inappropriate locations.

§ 223-6 Duty of owner.

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]

§ 223-7 Service of notice.

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.

§ 223-8 Reimbursement of costs; assessment upon real property.

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.

§ 223-9 Failure to comply; penalties for offenses.

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.