It is the duty of all persons owning or occupying
any land in the thickly populated parts of the Town to remove or effectively
eliminate the menace to the public health caused by the existence
of obnoxious weeds thereon.
As used in this chapter, the following terms
shall have the meanings indicated:
OBNOXIOUS WEEDS
Includes ragweed, goldenrod, wild timothy and any other pollen-bearing
plant, the pollen of which causes irritation to the nasal passages
of susceptible persons and therefore is the cause of physical discomfort
and injury to the health of such persons.
[Amended 3-12-2007 by Ord. No. 07-03]
If any person owning or occupying any land in
the thickly populated parts of the Town upon which such obnoxious
weeds grow shall fail to remove, cut or otherwise effectively eliminate
them, the Mayor may, by written notice mailed or delivered to the
owner or occupant of such land, order and direct the owner or occupant
to remove, cut or otherwise eliminate such weeds and may direct in
such notice the manner of elimination.
[Amended 3-12-2007 by Ord. No. 07-03]
Any person who fails to comply with the order,
as set out in § 24-3, of the Mayor to eliminate such obnoxious
weeds in the manner and within the time specified in the notice of
the Mayor or within 10 days of the delivery of the notice if no time
for elimination of such weeds is specified, may be fined not more
than $25 for each such failure.
[Amended 3-12-2007 by Ord. No. 07-03]
The Mayor may, if the owner or occupant of the
land fails to comply with his order for removal or elimination of
such obnoxious weeds within the time specified in the order or within
10 days of the delivery of the notice if no time for elimination is
specified therein, cause such weeds to be removed or otherwise effectively
eliminated, and the expense thereof shall be reported to the Town
Council by the Mayor, and such cost of removal shall be a charge against
such owner or occupant who is notified to remove or eliminate such
weeds and who failed to do and shall be collected by the Tax Collector
and added to the tax bill, next to be made out, of such owner or occupant
this procedure shall be in addition to and independent of the original
penalty herein before provided.
No person shall suffer or permit any grass,
weeds, brush, shrubbery, hedge or rubbish to remain upon land immediately
adjacent to any sidewalk or street in such a manner as to obstruct,
impede or hamper the free use of any sidewalk or street in the Town,
nor to impair free and unobstructed vision along any sidewalk or street.
[Amended 3-12-2007 by Ord. No. 07-03]
Upon notice in writing signed by the Mayor and the Chief of Police, duly served upon any person in the manner that civil process is served, that any condition described in §
214-6 exists, such person shall forthwith remedy such condition in a manner reasonably satisfactory to the Mayor or the Chief of the Police Department, and if such condition is not so remedied within a period of 15 days from the serving of such notice, then the Town shall proceed to remedy such condition and charge the costs thereof to such person so failing, and such costs shall be a lien upon the property occupied by such person where the condition existed, and such lien shall date from the time such notice was served and may be foreclosed in the same manner as liens for taxes.
[Amended 3-12-2007 by Ord. No. 07-03]
Any person willfully refusing to remedy any such condition as described in §
214-7 shall be guilty of a misdemeanor and, on complaint of the Mayor or the Chief of the Police Department to the prosecuting attorney or the assistant prosecuting attorney of the Town Court and upon conviction of the same, shall be fined not more than $25 for such offense. The penalty provided in this section shall not be in lieu of the collection of the cost of remedying such condition as provided in §
214-7.