[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer or his duly authorized representative.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied building, lot or plot of land or any part thereof in any developed section of the Village of Penn Yan to permit or maintain on any such lot or plot of land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or the middle of the alley or for 10 feet outside of such property line if there is no curb any growth of weeds, grass or other rank vegetation to a height greater than 10 inches on the average or any accumulation of dead grass, weeds or brush. It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or plot of land in such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Penn Yan to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 56-2, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this chapter.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit or cause or permit to run, drop or remain or to be thrown, cast or deposited in or upon any vacant lot of land or vacant place upon the surface of any lot of land, enclosed or otherwise, within the Village of Penn Yan, New York, except at such place as designated or provided by the Board of Trustees of the Village of Penn Yan, New York, any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes or shavings or any filthy, combustible or flammable materials, rubbish, garbage or dirt whereby a fire hazard, danger or risk is or may be engendered or injuriously effected or whereby the premises of another or the enjoyment of the premises of another are or may be injured, damaged, interfered with or prejudiced.
[Amended 12-15-2020 by L.L. No. 2-2021]
By ownership of real property in the Village of Penn Yan, the owner(s) thereof subject themselves to the provisions hereof applicable to property maintenance.
In the event that the provisions of this chapter are not complied with, the Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner of the subject property, as well as any occupant of the subject property or any other person known to have the care and/or control of such property. The notice shall state the facts constituting the violation(s) and the action(s) required to remedy the violation(s) of this chapter. In the event that the violation is not remedied within seven days after personal delivery of the notice of violation, or within 10 days of mailing such notice of violation, the Code Enforcement Officer may, with written approval of the Village DPW Director, cause such violation(s) to be remedied by private contractor engaged by the Village for such purpose.
The actual costs of the mowing and/or removal of brush by the Village, plus an additional fee equivalent to 20% of that cost, as an administrative charge, shall be certified by the Code Enforcement Officer as to the property upon which such violation occurred. Such certification shall be filed by the Code Enforcement Officer with the Village Clerk/Treasurer. The Village Clerk/Treasurer shall, upon determining that the referral from the Code Enforcement Officer has been properly computed and certified, bill the property owner of record for such charges. In the event said charge remains unpaid for a period of not less than 30 days following billing of the property owner, such charge shall be added to and become a part of the taxes next to be assessed and levied upon such property, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not less than $25, up to the maximum penalty of $250 or by imprisonment for not more than 15 days, or both. Each day of continued violation shall constitute a separate additional violation.