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.
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.