[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.]
GENERAL REFERENCES
Housing standards — See Ch.
114.
Solid waste — See Ch. 170.
As used in this chapter, the following terms
shall have the meanings indicated:
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]
A.
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.
B.
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.
C.
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.
