As used in this chapter, the following words
shall have the meanings indicated:
APPEARANCE TICKET
As defined in § 150.10 of the Criminal Procedure
Law of the State of New York.
ENFORCEMENT OFFICIAL
For the purpose of enforcement of this chapter of the Code
of the City of Amsterdam, an enforcement official shall be any employee
of the City authorized to enforce this section and shall include and
not be limited to any police officer, the Housing Inspector and the
Chief Code Enforcement Official.
[Amended 7-1-2008 by Ord. No. 2008-7]
OWNER OR PERSON
Includes the following:
A.
One or more persons of either sex, natural persons
or individual or corporation or partnership or agency or joint venture
or titled owner of the subject real property, associations, joint-stock
companies, societies and all other entities of any kind capable of
being sued, who either is or claims to be the owner of such lot or
land or of any occupied or unoccupied lot or land or any part thereof
in the City of Amsterdam; or
B.
Any lessee, tenant or occupant of the lot or
land or any part thereof located in the City of Amsterdam, provided
that the same is responsible for property maintenance; or
[Amended 7-1-2008 by Ord. No. 2008-7]
C.
Any agent, servant, representative or employee
of any such persons or individual or corporation or partnership or
agency or joint venture or titled owner of the subject real property,
associations, joint-stock companies, societies and all other entities
of any kind capable of being sued, who either is or claims to be the
owner of such lot or land or any occupied or unoccupied lot or land
or any part thereof in the City of Amsterdam.
VEGETATION
Hedges, shrubs, brushes, grasses, weeds, either natural ground
cover or cultivated.
[Amended 7-1-2008 by Ord. No. 2008-7]
Any person who is found in violation of this chapter, who has
appeared pursuant to an appearance ticket, or who has failed to appear
pursuant to an appearance ticket, shall, upon conviction thereof,
be subject to a fine of not less than $100, nor more than $250.
[Added 7-1-2008 by Ord. No. 2008-7]
A. It is essential
that the City of Amsterdam adopt a procedure for the efficient removal
of vegetation that violates this chapter. The presence of overgrown
properties detrimentally affects the quality of life and the property
values of the residents in the surrounding neighborhood.
B. In addition to prosecution of violations to this chapter pursuant to §
86-5, the City may remove the offending condition pursuant to the following procedure:
(1) When an enforcement official determines that a violation of §
86-2 exists, he shall serve on the owner of the subject property, as determined by the records in the Assessors office, at the address listed in the Assessors office for the mailing of tax bills, by first-class mail, a notice. The notice shall also be posted prominently on the subject property. The notice shall state "The growth of grass, weeds or other vegetation on this property violates §
86-2 of the Code of the City of Amsterdam; should the violating conditions not be corrected within seven days of the date of this notice, the City of Amsterdam will correct the violating condition and charge the owner of the property a mobilization fee of $50 plus the cost of correcting the violation (if these charges are not promptly paid, they will become a lien on the subject property). Additionally, the City of Amsterdam will, as time and resources permit, periodically mow and maintain this property, charging the costs of this maintenance to the property owner, unless the property owner notifies the City of Amsterdam by certified mail that he/she intends to resume maintaining the subject property. The certified mail should be directed to the City Engineer, City of Amsterdam, 61 Church Street, Amsterdam, New York, 12010," The notice should specify the subject property via street address, tax identifier, the name and address of the owner and the nature of the violation.
(2) When
seven days have expired after the mailing and posting of the above-described
notice, the City Engineer shall direct City employees or contractors
to correct the violation if the owner has not corrected the violating
condition. The City Engineer shall provide for the continuing maintenance
of the subject property until notified via certified mail by the owner
that he/she intends to resume maintenance.
(3) The
City Engineer shall cause such weeds, grass and other vegetation on
such lot or land to be cut and removed. A mobilization charge of $50
and the actual costs of such cutting and removal and other additional
costs in connection therewith, shall be certified by the City Engineer
to the City Controller, who shall mail a bill for same to the owner;
and if said bill is unpaid after 30 days, the charges shall thereupon
become and be a lien upon the property on which such weeds, grass
and other vegetation were located and shall be added to and become
and form 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.