[HISTORY: Adopted by the Board of Trustees
of the Village of Massena 9-22-1969 as Ch. 25 of the 1969 Code. Amendments noted where applicable.]
The use of any other lands within the corporate
limits of the Village of Massena for the dumping of waste material,
junk, rubbish or debris is hereby prohibited, except as hereinafter
provided.
The use of any material other than earth, sand
or gravel for grading and filling lots and lands within the corporate
limits of said Village is hereby prohibited, except and unless a permit
in writing specifying the kind and nature of such other material and
the manner and place of its use shall be first obtained from the Mayor
or other person duly designated by him to pass upon the issuance of
such permits.
[Amended 9-4-2001 by L.L. No. 2-2001; 10-2-2007 by L.L. No. 2-2007; 12-5-2017 by L.L. No. 5-2017]
All persons, businesses, agencies or others
owning land or lots within the corporate limits of said Village, whether
occupied or vacant, improved or unimproved, are hereby required to
cut all grass and weeds greater than six inches in length, trim and/or
remove all brush, unsightly fences, ripe grass and weeds and flammable
and unsightly waste and rubbish therefrom and maintain all standing
bodies of water (pools, hot tubs, ponds, and like standing water sources)
in a sanitary condition and remove, carry away and dispose of all
junk, rubbish, debris and waste materials of every kind and nature
and keep such lands and lots, including the area between the sidewalk
and curb.
[Amended 10-2-2007 by L.L. No. 2-2007; 12-5-2017 by L.L. No. 5-2017]
Upon the failure or neglect of any such owner of lands to comply with the provisions of § 110-3 and upon expiration of a two-day notice served upon such owner by said Village requiring compliance with said § 110-3 and said owner not having complied with such notice, the Village may, by its duly constituted officers, agents, representatives and servants, enter upon said premises and remove or cause to be removed all waste, rubbish, debris, junk, brush, ripe grass, weeds, standing water and other unsightly, injurious or flammable refuse and assess the expense thereof against said premises, to be collected, with interest, in the same way and manner as Village taxes. The mailing of such notice to a nonresident owner of lands within said Village addressed to his last known address shall be sufficient service thereof. A single notice served per calendar year shall be deemed adequate notification for the cutting of grass and weeds.
[Amended 9-4-2001 by L.L. No. 2-2001]
A.
A violation of any of the provisions contained in
this chapter shall constitute an offense punishable by a fine of not
less than $25 nor more than $50 or by imprisonment for not more than
three days for each violation, except that:
(1)
When the person was found to have violated any of
the provisions of this chapter within the preceding five years, the
fine may be of not less than $50 nor more than $100 or by imprisonment
for not more than seven days for each violation; and
(2)
When the person was found to have committed two or
more such violations within the preceding five years, the fine may
be of not less than $100 nor more than $250 or by imprisonment for
not more than 15 days for each violation.
B.
These penalties shall be in addition to any other
penalty provided by law. The Village may also seek injunctive relief
to prevent the continued violation of this chapter.
