As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind.
[Amended 3-9-2021 by L.L. No. 1-2021]
It shall be unlawful for any person having control
or ownership of any type of tenancy of occupied or unoccupied land
or any part thereof in the Town of Geddes, New York, to permit or
maintain on any such land or portion thereof or along the street,
road, sidewalk or alley adjacent to the land or portion thereof between
the property line and the pavement of the road or middle of an alley
any growth of weeds, grass or other rank vegetation to a greater height
than 10 inches on the average or any accumulation of dead weeds, grass
or brush.
It shall be the duty of every owner, occupant, tenant or person in control of land or any portion thereof in the Town of Geddes, New York, to cut and remove or cause to be cut or removed from said property all weeds, grass or other rank, poisonous or noxious vegetation as often as may be necessary to comply with the provisions of §
85-2.
[Amended 3-9-2021 by L.L. No. 1-2021]
Within five days after the hand posting, regular
mail and/or certified mailing of written notice, the Town Code Enforcement
Officer shall make an inspection and shall cause weeds, grass and
other vegetation on such lands or portion thereof to be cut and removed.
The actual cost of cutting and removal, plus a 20% fee for inspection
and administrative overhead therewith, shall be certified by the Town
Code Enforcement Officer to the Town Clerk and shall thereupon become
and be a lien upon the property on which said weeds, grass and other
vegetation were located and shall be added to and become and form
a part of the taxes next to be assessed and levied upon such lot or
land and shall bear interest at the same rate as taxes and shall be
collected and enforced by the same officer and in the same manner
as taxes levied and assessed against such property.
[Added 1-19-2001 by L.L.
No. 1-2001; amended 3-9-2021 by L.L. No. 1-2021]
The provisions of this chapter shall be related
to the growth of brush, grass and weeds and shall not apply to:
A. Any lot
or land under cultivation in a good or husbandry-like manner; or
B. Natural
open space areas; or
C. Any vacant
lot exceeding two acres; or
D. Any lot
exceeding two acres or more with a structure erected on it will be
up to the Code Enforcement Officer's discretion of the area to be
maintained.
[Amended 1-19-2001 by L.L. No. 1-2001]
Any such person who shall neglect to cut and
remove weeds, grass or other vegetation as directed in this chapter
or who shall fail, neglect or refuse to comply with the provisions
of any notice herein provided or who shall resist or obstruct the
removing of weeds, grass and other vegetation shall, upon conviction
thereof, be subject to a fine of not less than $250, imprisonment
for not to exceed 15 days, or both, and each day on which such violation
continues shall constitute a separate offense.