[HISTORY: Adopted by the Town Board of the
Town of Cheektowaga 10-1-2001 by L.L. No. 5-2001; amended in its entirety 11-21-2005 by L.L. No.
5-2005. Subsequent amendments noted where applicable.]
[Amended 6-17-2013 by L.L. No. 4-2013]
Every owner of any area, lot or parcel shall
cut, trim or otherwise remove or cause to be cut, trimmed or otherwise
removed all grass, weeds, brush or plant growth in excess of six inches.
"Brush," "weeds," "obnoxious growth" and "debris" shall be defined
as all grasses, annual plants and vegetation (other than trees or
shrubs), dead or dying trees, stumps, roots, filth, garbage, and trash;
provided, however, that this term shall not include cultivated flowers
and gardens. It shall be the duty of any person owning any plat of
ground in the Town of Cheektowaga to prevent the growth of weeds or
accumulation of debris thereon as shall constitute a health hazard,
fire hazard, safety or traffic hazard or public nuisance.
Property owners of any lot or land located in
the Town of Cheektowaga shall maintain their respective curbs, gutters
and sidewalks bordering their parcels of land in such condition as
to be clear of all growth of grass, weeds, brush, plant growth, or
debris within the curb, gutter and sidewalk.
A.
The Supervising Building and Plumbing Inspector or
his designee is hereby authorized and empowered to give written notice
to the owner of any lot or parcel of land who has permitted the excessive
growth of grass, weeds, brush, plant growth, or debris upon his property
or has permitted the same to grow in the curb, gutter and sidewalk
to cut, destroy and remove the same within five days from the date
of such notice.
B.
In the event that an owner has been given a notice
to cut, destroy and remove excess growth of grass, weeds, brush, plant
growth, or debris on his property and then receives a subsequent notice
in regard to the same property in any calendar year, then the period
of time provided to cut, destroy and remove such excess growth of
grass, weeds, brush, plant growth, or debris shall be two days.
C.
Any notice required by this chapter to be served shall
be deemed to have been served when served by any of the following
methods:
(1)
When forwarded to the last-known address of the owner
as recorded in the real estate assessment records of the Town of Cheektowaga,
by registered or certified mail, with return receipt, and such receipt
shall constitute prima facie evidence of service upon such owner if
such receipt is signed either by the owner or by a person of suitable
age and discretion located at such address, provided that valid service
upon the owner shall be deemed effected if such notice shall be refused
by the owner and not delivered for that reason;
(2)
When delivered to the person to be notified;
(3)
When left at the usual residence or place of business
of the person to be notified with a person of suitable age and discretion
then resident or employed therein and by either mailing the notice
to the person to be served at his or her last known residence or by
mailing the notice by first class mail to the person to be served
at his or her actual place of business in an envelope bearing the
legend "personal and confidential"; or
(4)
By affixing the notice to the door of either the actual
place of business, dwelling place or usual place of abode within the
state of the person to be served and by either mailing the notice
to such person at his or her last known residence, or by mailing the
notice by first class mail to the person to be served at his or her
actual place of business in an envelope bearing the legend "personal
and confidential," such affixing and mailing ("nailing and mailing")
to be effected within 20 days of each other; or
(5)
If service cannot be effected as provided for above,
then if published for two consecutive weeks in the official Town newspaper
published in the Town of Cheektowaga and a copy of the same posted
on the subject property.
Upon failure, neglect or refusal of any owner so notified to cut, destroy and remove such excessive growth of grass, weeds, brush, plant growth or debris, and any growth on the curb, gutter and sidewalk, either or both, upon his property within the time specified in the notice provided for in § 66-3 hereof, the owner shall be in violation of this chapter and shall be guilty of a violation and, upon conviction in any court of competent jurisdiction, shall be fined not less than $75 nor more than $250. Every such person may be guilty of a separate offense for every day such violation shall continue.
In the event of failure, neglect or refusal of any owner duly notified, pursuant to § 66-3, to cut, destroy or remove such excessive growth of grass, weeds, brush, plant growth or debris from his property within the applicable time period specified in the notice, the Supervising Building and Plumbing Inspector or his designee shall have the power or contract to cut, trim or remove such weeds, grass, brush or plant growth or accumulation of dead weeds, grass, brush, plant growth or debris on any such area, lot or parcel of land or sidewalk area in the Town of Cheektowaga and assess the cost to the property.
The cost or expense of such work ordered by
the Supervising Building and Plumbing Inspector or his designee, plus
$200 for administrative costs incurred under this chapter, unless
paid in full by the property owner within 30 days after the same is
billed by the Supervising Building and Plumbing Inspector or his designee,
shall cause a lien on the property and shall draw interest from and
after such 30 days at the same rate that applies to real estate taxes.
