[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 7-8-2002 by L.L. No. 5-2002. Amendments noted where applicable.]
This chapter is enacted for the purpose of promoting the health, safety and general welfare of Village residents by controlling the accumulation of weeds, tall grass and other objectionable vegetation on private property in the area of the Incorporated Village of Fishkill.
As used in this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them:
- OBJECTIONABLE VEGETATION
- Such vegetation as poison ivy, jimsonweed, ragweed or other poisonous or harmful plant or plants detrimental to the public health and grass which exceeds 12 inches in height.
- YARD WASTE
- Plant matter such as brush, grass, leaves, weeds and tree trimmings which has been cut or harvested.
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 lot or tract or any part thereof in the Village of Fishkill to permit or maintain on any such lot or tract any growth of weeds, grass or other objectionable vegetation to a height greater than 12 inches on the average or any accumulation of yard waste.
It shall be unlawful for any such person or persons to cause, suffer or allow any vegetation, including but not limited to weeds, tall grass and objectionable vegetation, to grow on any such lot or tract in any such manner that any part of such vegetation shall extend upon or overhang any public sidewalk, roadway or curb.
Upon the failure of any such person or persons to cut, trim or remove weeds, grass, other objectionable vegetation or yard waste within 10 days from the time a notice to cut, trim or remove such weeds, grass, other objectionable vegetation or yard waste has been served, the Village of Fishkill may cause such weeds, grass, other objectionable vegetation or yard waste to be cut, trimmed or removed, and the total cost thereof, including but not limited to moneys actually paid out by the Village, time and expense of the Village officials and employees involved in the service of the notice and the actual cutting, trimming or removal of the weeds, grass, other objectionable vegetation or yard waste in connection with the enforcement of the provisions of this chapter, shall be assessed upon the real property on which such weeds, grass, other objectionable vegetation or yard waste was found, and the expense so assessed 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 in the same manner and at the same time as other Village charges.
Any notice required to be served pursuant to the provisions of this chapter shall be served as follows:
By mail to the owner addressed to the last known address of the owner; and
By attaching or placing a copy of said notice upon any structure on said lot or tract of land and, if no structure is available upon said lot or tract of land, by attaching said notice upon the nearest utility pole or other support.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment for a term not to exceed 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such.