[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.]
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:
Property that has been developed and includes, but is not limited
to, structures, parking, driveways and lighting that has been placed on said
property.
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.
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.
