[HISTORY: Adopted by the Board of Trustees
of the Village of Endicott 7-10-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 160.
Property and building nuisances — See Ch. 190.
Solid waste — See Ch. 211.
Zoning — See Ch. 250.
[1]
Editor's Note: This enactment supersedes former
Ch. 103, Brush, Grass and Weeds, adopted 10-23-1989 by L.L. No. 5-1989
as Ch. 77 of the 1989 Code, as amended.
A.
Every owner, lessee, occupant and other person having
charge of any building or lot of ground in the Village shall cut,
trim or remove brush, grass, rubbish or weeds therefrom; provided,
however, that if said brush, grass, rubbish or weeds are regularly
removed from said premises by the Village or private sanitary disposal
contractor, then and in that event only, said brush, grass, rubbish
or weeds may be stored upon the premises in tightly sealed containers
until the next regular pickup date by the aforesaid.
B.
The maximum allowable height for grass or weeds on
any lot or parcel of ground in the Village shall be 10 inches as determined
by New York State Property Maintenance Code, Section 302.4.
C.
Gardens, cultivated crops, trees or other vegetation
kept for ornamental or other useful purpose, as determined by the
code enforcement office, shall not be considered to be in violation
of the provisions of this chapter as long as the associated vegetation
does not encroach on lot lines. Gardens and cultivated crops must
be removed immediately following the growing season in that particular
calendar year.
Compost piles or compost heaps are defined as
a heap or pile of vegetation or other organic residues that are decaying
to become compost. The only type of materials allowed for composting
are grass, leaves and other organic vegetation, and piles must maintain
at least a fifteen-foot setback to any property line. Any compost
piles emitting offensive odors or harboring rodents and insects shall
be immediately removed and disposed of.
Any brush, grass, leaves, rubbish or weeds which
are to be removed by the Village by collection must be placed in containers
with a capacity not to exceed 30 gallons, with covers, which are of
rigid plastic or metal construction. Any yard waste placed on the
curb for collection in containers other than those herein described
will not be collected by the Village. Plastic bags are specifically
prohibited.
If the owner of property within the Village
is a nonresident and shall have no resident agent acting in his behalf,
a notice to cut, trim or remove brush, grass, rubbish, weeds or other
materials shall be mailed to such owner at his last known address.
[Amended 6-5-2023 by L.L. No. 7-2023]
Upon failure of the owner, lessee, occupant or other person having charge of any building or lot of ground within the Village to cut, trim or remove brush, grass, rubbish or weeds therefrom within three days from the time such person has been served with notice to cut, trim or remove such brush, grass, rubbish or weeds, the Village may cause such grass, brush, rubbish, weeds or other materials to be cut, trimmed or removed, and the total cost thereof, plus a $50 administrative fee, shall be assessed upon the real property on which such brush, grass, rubbish or weeds are found and 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 by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. A notice issued herein shall be served either personally upon the owner, the manager designated by § 160-31 or responsible person or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed at his or her last known address.
[Amended 6-5-2023 by L.L. No. 7-2023]
A.
Penalties.
In addition to such other penalties as may be prescribed by state
law:
(1)
Any
person who violates any provision of this chapter, or any term, condition,
or provision of any notice issued pursuant to this chapter, shall
be punishable by a fine of not more than $250 per day of violation;
and
(2)
Any
person who violates any provision of this chapter, or any term, condition,
or provision of any notice issued pursuant to this chapter, shall
be liable to pay a civil penalty of not more than $250 for each day
or part thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of this Village.
B.
Injunctive
relief. An action or proceeding may be instituted in the name of this
Village, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provision
of this chapter. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Village Board of this Village.
C.
Remedies
not exclusive. No remedy or penalty specified in this section shall
be the exclusive remedy available to address any violation of this
chapter.
