[HISTORY: Adopted by the City Council of
the City of Batavia 1-26-1981 as Ch. 65, Art. II and Art. IX, of the
1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 113.
A.
Growth prohibited along public streets.
[Amended 9-28-1987]
(1)
It is 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 land or any part thereof in the City of Batavia to permit or maintain
on any such lot or land, or on or along the sidewalks, street or alley
adjacent to the same between the property line and the center of the
alley, street or right-of-way, any growth of weeds, grass, plants
or rank vegetation, other than trees, bushes, flowers or other ornamental
plants to a greater height than eight inches on the average, or any
accumulation of dead weeds, grass or brush. Any such growth, exceeding
such height, is hereby declared to be a public nuisance.
(2)
Individual trees and shrubs shall be maintained in
such a manner that branches and foliage of individual plants are separated
by at least three feet to a height of six feet above the ground except
in the case of an established and identifiable hedge. Unmaintained
growth of ornamental plantings which propagate mosquitoes shall be
classed as rank growth.
B.
Noxious weeds. It is unlawful for any such person
to cause, suffer or allow poison ivy, ragweed or other poisonous or
noxious plants, or any plants detrimental to health, to grow on any
such lot or land in such manner that any part of such ivy, ragweed
or other poisonous or harmful weed shall extend upon, overhang or
border any public or private place or allow seed, pollen or other
poisonous particles or emanations therefrom to be carried through
the air into any public place.
C.
Generally. On any land within the City of Batavia not contiguous or adjacent to public street or public lands, no growth, as specified in Subsection A of this section shall be permitted at a height to exceed eight inches. Any such growth, exceeding such height, is hereby declared to be a public nuisance.
D.
Cutting and removal. It is the duty of any owner,
lessee or occupant of any lot or land to cut and remove or cause to
be cut and removed all such weeds, grass, plants or other rank, poisonous
or harmful vegetation, as hereinabove specified, as often as may be
necessary to comply with the provisions of this section, or treatment
by chemicals which does retard or prevent growth, shall be deemed
to be a compliance with this section. The above rules apply to all
property that is within 100 feet of any residential building and anywhere
in the parkway of a paved street regardless of the distance from a
residential building.
[Amended 11-12-1985; 9-28-1987; 7-13-2009 by L.L. No.
6-2009]
No owner, lessee or occupant, or any agent,
servant, representative or employee of any such owner, lessee or occupant
having control of any land within the City of Batavia, whether occupied
or unoccupied, shall permit or suffer accumulations of any debris
upon such land which tends to or might tend to permit the existence
thereon of mosquitoes, vermin, such as rats or mice, or present an
unsightly appearance. Debris shall include, but shall not be limited
to, accumulations of wood, in any form, metal, cloth, any piles of
stones not intended for use as accumulated or any accumulations of
such materials which alter the topography of the land in its natural
state. Any such accumulations shall constitute a public nuisance.
[Amended 9-28-1987; 6-25-2001 by L.L. No. 1-2001; 7-13-2009 by L.L. No. 6-2009]
A.
Notice.
When the Director of Public Works or his/her designated representative
deems it necessary, he/she shall notify, by regular mail and by affixing
to the front door, any such persons that they are in violation of
this section. Said notice shall be in substantially the following
form:
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"TO THE OWNER AND OCCUPANTS OF PROPERTY IN THE CITY OF BATAVIA:
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Please take notice that you are hereby required to cut and remove
all debris, grass, weeds and other rank, poisonous, harmful vegetation
on the property owned or occupied by you and to comply with the ordinance
of the City of Batavia relative to the removal of debris, grass, weeds,
etc. In the event of your failure to remove such debris, grass, weeds,
etc., the Director of Public Works or his/her duly designated representative
may cause such debris, weeds and grass and other vegetation on your
property to be cut and removed, and the actual cost of such cutting
and removing, plus $250 for inspection and other additional costs
in connection therewith, thereof shall thereupon become and be a charge
and lien upon your property and shall be collected the same as other
taxes upon your property.
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Where a violation occurs more than once during the same calendar
year with respect to the same parcel of property, a surcharge of $100
shall be added to the above costs and expenses. Where multiple properties
are referenced in a notice, decision and/or order, the surcharge of
$100 shall apply to each separate parcel of property.
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B.
Failure
to comply with notice.
(1)
If the provisions of the foregoing subsections are not complied with
within two days of the date of mailing and by affixing to the front
door of the notice hereinbefore provided for, the Director of Public
Works or his/her duly designated representative may cause weeds, grass
and other vegetation on such lot or land to be cut and removed. The
actual cost of such cutting and removing, plus $250 for inspection
and other additional costs in connection therewith, shall be billed
to the property owner, a copy of which shall be forwarded to the City
Clerk/Treasurer by the Director of Public Works or his/her duly designated
representative. Thirty days after the billing date, all unpaid charges
will become and be a lien upon the property on which said debris was
located and shall be added to and become and form a 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 levied and assessed
against such property, or the same may be collected by suit against
the owner or owners in the name of the City.
(2)
Any person who shall fail, neglect or refuse to comply with the provisions
of any notice herein provided for or who shall resist or obstruct
the Director of Public Works or his/her duly-designated representative
or his employees in the cutting and removing of debris shall, upon
conviction thereof, be subject to a penalty as hereinafter provided,
and each day on which such violation continues shall constitute a
separate offense.
C.
Upon
receipt of a hearing request, the Director of Public Works shall set
a date, time and place for the same as soon as practicable. The Director
shall cause written notice to be given to a representative of the
City Inspection Department and to the person requesting the hearing
not less than 10 days prior to said scheduled hearing date.
D.
At
the date, time and place specified in the notice, the City Manager
or his designee shall serve as the Hearing Officer and shall conduct
the hearing. The hearing shall be conducted informally by the Hearing
Officer, and oral or documentary evidence pertinent to the facts and
issues raised by the City Inspection Department and other interested
parties shall be received without regard to admissibility under the
rules of evidence applicable to judicial proceedings. All parties
to the hearing shall be afforded a fair hearing providing the basic
safeguards of due process, including, but not limited to, the right
to counsel, the right to cross examine witnesses, the right to present
relevant evidence as well as the right to review adverse evidence.
E.
Following
the close of the hearing, the Hearing Officer shall make a decision
and order as to whether a violation of this chapter has occurred and,
if so, the manner and time limits within which the same shall be corrected
and/or what charges and costs should be assessed. Such decision and
order shall be made in writing, and a copy shall be delivered to each
participant in the hearing either personally or by first-class mail.
F.
Where
a violation occurs more than once during the same calendar year with
respect to the same parcel of property, a surcharge of $100 shall
be added to the above costs and expenses. Where multiple properties
are referenced in a notice, decision and/or order, the surcharge of
$100 shall apply to each separate parcel of property.
G.
In
lieu of the foregoing, the Director of Public Works or his/her designated
representative may issue and serve an appearance ticket for violation
of this chapter to persons within the City of Batavia returnable in
the City Court.
[Amended 7-13-2009 by L.L. No. 6-2009]
A.
Except as otherwise provided in this chapter, any person violating
any provision of this chapter shall be punishable by a fine of not
more than $250 or imprisonment for not more than 15 days, or by both
such fine and imprisonment.
B.
The continuation of any violation for each successive day shall constitute
a separate offense, and the person allowing or permitting the continuation
of a violation may be punished as above provided for each separate
offense.
