Town of Irondequoit, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Irondequoit 8-7-1980 by Ord. No. 80-7; amended in its entirety 9-25-2001 by L.L. No. 14-2001. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 98.
Freshwater wetlands — See Ch. 142.
Trees — See Ch. 214.
A. 
Policy. To protect the public health, safety and the general welfare of the residents of the Town of Irondequoit, it is hereby declared to be the policy of the Town Board of the Town of Irondequoit to provide for the proper use of land and to prevent unhealthful, hazardous or dangerous conditions to subsist on account of the accumulation of brush, grass, rubbish or weeds or the growth of poisonous shrubs or weeds and to protect the public health, safety and the general welfare of the residents of the Town of Irondequoit.
B. 
Purpose of the adoption of this chapter. The Town Board seeks to remove danger to health, life and property by requiring owners of lands to cut, trim or remove brush, grass, rubbish or weeds or to spray with herbicides; to cut, trim, remove or destroy poisonous shrubs or weeds; and, upon default therein, to cause the same to be done and assess the costs against the real property on which such brush, grass, rubbish, shrubs or weeds are found or, upon default therein, permit any authorized enforcement officer as hereinafter prescribed to issue an appearance ticket as authorized under local law pursuant to Article 150 of the Criminal Procedure Law, as amended or changed.
As used in this chapter, the following terms shall have the meanings indicated:
IMPROVED PROPERTY
Property that has been developed and includes, but is not limited to, structures, parking, driveways and lighting that has been placed on said property.
MAINTENANCE/MAINTAIN
To cut, trim or remove brush, grass, rubbish or weeds (this shall include but not be limited to golden nematode and ragweed) or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds upon lands on a regular basis so as to prevent excessive overgrowth, maintain safe conditions and uniform appearance. Established lawn areas must be cut and maintained on a regular basis so that groundcover does not exceed six inches in height.
OWNER
Any person, individual or group of persons or individuals, firms, partnerships, corporations, both business or membership, religious or charitable or otherwise, any association or other unit or entity owning real property.
A. 
Improved residential property. Each owner of an improved residential building lot must maintain said lot in its entirety.
B. 
Unimproved residential property.
(1) 
Each owner of an unimproved residential building lot within a subdivision, upon which 50% or more of the building lots are developed, must maintain said individual lot in its entirety.
(2) 
Each owner of an unimproved residential building lot within a subdivision, upon which less than 50% of the building lots are developed, must maintain such lot within 50 feet from the public right-of- way and within 20 feet from the rear and side lot lines on which any contiguous property has been improved.
(3) 
Each owner of an unimproved residential building lot less than 2.5 acres in size, not within a subdivision, must maintain said individual lot in its entirety.
(4) 
Each owner of an unimproved residential building lot 2.5 acres in size or more, not within a subdivision, must maintain such lot within 50 feet from the public right-of-way and within 20 feet from the rear and side lot lines on which any contiguous property has been improved.
C. 
Commercial and industrial property. Each owner of a commercial or industrial building lot must maintain said lot in its entirety.
Designated Environmental Protection Overlay Districts (EPOD), conservation easements and forever wild lands as prescribed under the Environmental Conservation Law shall be exempt from the provisions of this chapter.
The Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector may from time to time require notice to be served upon owners, as hereinafter provided, to remedy any of the foregoing conditions which may exist upon the land, pursuant to the authority vested in the Town Board under § 64, Subdivision 5-a, and § 130, Subdivision 5, of the Town Law of the State of New York, as amended or changed.
Any owner of real property in the Town of Irondequoit, except within the property lines of any lands or highway easements owned by another municipal corporation or political subdivision of the state, shall be required to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides or to cut, trim, remove or destroy poisonous shrubs or weeds, upon their lands when ordered to do so by the Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector. Compliance is required within seven days of receipt of notice.
Whenever the Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector requires the owners 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 upon their lands, the notice shall specify the place, manner and time (not less than seven days from the receipt of said notice) within which such work shall be completed. The notice shall be served upon such owner or owners by registered or certified mail addressed to his or her or their last known address. The Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector may require personal service in the case of a resident if so desired.
Whenever a notice or notices referred to in § 94-5 hereof has been or have been served upon 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 and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector shall authorize the work to be done. The cost thereof shall be paid out of the general Town funds to be appropriated by the Town Board for such purposes. The Commissioner of Public Works, Building Inspector, Fire Marshal or Code Compliance Inspector may issue an appearance ticket subscribed by him or her, directing the owner or owners to appear in a designated local criminal court at a designated future time in connection with this alleged commission of a designated offense of this chapter.
Should the Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector authorize the work to be done, then the department authorizing the work shall be reimbursed for the cost, including out-of-pocket administrative expense of the work performed or services rendered by direction of the Town Board, Commissioner of Public Works/Superintendent of Highways, Building Inspector, Fire Marshal or Code Compliance Inspector, as hereinabove 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 it is 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. 
Any violation of this chapter shall constitute a Class B violation, punishable as provided in § 1-16.
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within seven days pursuant to § 94-6.