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Town of Southport, NY
Chemung County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southport 7-8-1975 by L.L. No. 1-1975 (Ch. 73 of the 1975 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 227.
Unsafe buildings — See Ch. 234.
Uniform construction codes — See Ch. 245.
Abandoned refrigerators — See Ch. 413.
Solid waste — See Ch. 444.
Zoning — See Ch. 525.
This chapter shall be known and may be cited as the "Weed and Rubbish Ordinance of the Town of Southport."
The purpose of this chapter is to promote the health, safety and general welfare of the inhabitants of the Town of Southport and others by eliminating environmental pollution.
As used in this chapter unless the context or subject matter otherwise requires:
BRUSH, GRASS, SHRUBS and WEEDS
Carry their customary meanings and as the same are generally known and described in the community.
RUBBISH
Include waste, metal, tin cans, paper, cardboard, cardboard boxes, rags, ashes, cinders, glass, automobile bodies, automobile parts, cement, macadam, excavated highway surfaces, bricks, boards, buildings, materials from demolished buildings, trees, limbs, bark, sawdust, trunks, weeds, leaves, and any and all discarded substance of a solid and incombustible nature and as the same is generally known and described in the community.
[Amended 2-9-1999 by ordinance (Res. No. 63-99); 7-25-2006 by L.L. No. 1-2006 (Res. No. 141-2006); 10-12-2010 by ordinance (Res. No. 159-2010); 12-11-2012 by ordinance (Res. No. 190-2012)]
A. 
No owner, lessee or occupant of any parcel or lot contained within the boundaries of the map attached hereto and made a part hereof, or of any residence located within any parcel or lot in a residential zone, shall fail to cut, trim or remove from such parcel or lot within five days after written notice any accumulation of grass, weeds, brush or other rank vegetation beyond a greater height of 10 inches on the average.
B. 
No owner, lessee or occupant of any parcel or lot within any zone shall fail to comply with the provisions of § 245-32 of this Code.
[Amended 2-9-1999 by ordinance (Res. No. 63-99); 7-13-2004 by ordinance (Res. No. 162-2004); 10-12-2010 by ordinance (Res. No. 159-2010); 12-11-2012 by ordinance (Res. No. 190-2012)]
Service of the aforesaid notice to remove such fire and health hazards and weeds may be served personally or by certified mail upon the owner and occupant, or by leaving such notice with a person of suitable age or discretion in any building upon any such lot or parcel of land, or, where the address of the owner is not known, by affixing such notice to some object thereon where it is likely to be seen. If the owner of such lands is a nonresident, such notice shall be sent by certified mail to such owner addressed to his last known address, which shall be sufficient service thereof. Such notice shall include a summary of Chapter 402 and Chapter 245 of this Code.
[Amended 7-13-2004 by ordinance (Res. No. 162-2004); 10-12-2010 by ordinance (Res. No. 159-2010); 12-11-2012 by ordinance (Res. No. 190-2012)]
A. 
Upon default by the owner, lessee or occupant of fire notice received pursuant to § 402-4, the Town of Southport may cause such grass, brush, rubbish and weeds to be cut, trimmed and removed and such poisonous shrubs or weeds to be sprayed by the Town of Southport, or the Town may enter into a contract with an independent contractor to perform such work; and the total expense of said work 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.
B. 
If, after service of notice to the owner, lessee, or occupant of such parcel or lot pursuant to § 402-5, and after the weeds, grass, brush or other vegetation on such parcel or lot is cut, trimmed, or removed by such person or the Town of Southport pursuant to such notice, the owner, lessee or occupant within the same calendar year fails to comply with the provisions of § 402-4, such owner, lessee or occupant shall without further notice be in violation of § 402-4.
[Amended 2-19-1999 by ordinance (Res. No. 63-99); 11-13-2001 by ordinance (Res. No. 198-2001); 4-12-2005 by ordinance (Res. No. 100-2005); 10-12-2010 by ordinance (Res. No. 159-2010); 12-11-2012 by ordinance (Res. No. 190-2012)]
A. 
The owner or occupant shall, upon default of the notice received pursuant to § 402-4 and after the Town of Southport has acted pursuant to § 406-6A, be assessed a surcharge in the amount of $100 in addition to the cost of the cutting, trimming and/or removal of the grass, weeds, brush and other rank vegetation described in such notice.
B. 
Any violation of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Southport.