This law shall be known as the "Brush, Grass and
Weeds Removal Law of the Village of Oriskany Falls, New York."
Section 1.1.Purpose
The purpose of this law is to promote the public
health by the removal of fire and health hazards by requiring the owners of
land to cut, trim or remove brush, grass or weeds.
Every owner of developed property within the Village
of Oriskany Falls shall maintain their property in whole such as cut, trim or
remove brush, grass or weeds.It is a
violation of the New York State Property Maintenance Code to have brush, grass
or weeds exceed the height of ten (10) inches or more; and upon default, the
Village of Oriskany Falls may cause such grass, brush, weeds or other materials
to be cut, trimmed or removed by said village, and the total thereof shall be
assessed upon the real property on which such brush, grass or weeds are found.
Section 2.1Collection of Costs
and Fees
A.The cost of cutting, trimming or removing such
brush, grass or weeds shall constitute a lien and charge upon the real property
involved until paid or otherwise satisfied or discharged and shall be collected
by the Village Clerk/Treasurer in the manner provided by law for the collection
of taxes.
Section 2.2Service of Notice of Violation; Time for Compliance.
Before the Village of Oriskany Falls shall remove, cut
or trim such brush, grass or weeds and assess the costs thereof upon the real
property upon which such brush, grass or weeds are found, notice shall be given
to the owner thereof by either personal service or by mail addressed to the
last known owner at his or her last known address as shown on the tax rolls of
the village. Such service shall be sufficient for all purposes. Such notice
shall set forth the violations and direct compliance within ten (10) days from
the date of such notice. All such notices shall be signed and issued by the
Village Code Enforcement Officer. If there is a failure of compliance within
the said ten-day period, the village may then cause the removal, trimming or
cutting and assess the cost as hereinabove provided.
Section 2.3Exclusion of Certain Vegetation.
The provisions of this law shall not apply to flowers,
cultivated crops, shrubs, trees or other landscaping or weeds or grass which
may intermingle with growing cultivated crops, until such time as said crop is
harvested or should have been harvested.
Section 2.4Penalties for Offenses.
A.In addition to the rights hereinabove provided
for the Village of Oriskany Falls, any violator of this law shall be assessed a
civil penalty with a minimum charge of $100 and a maximum charge of $500.
B.Each day a violation continues after notice
of violation shall constitute a separate violation of this law. No additional
notices shall be required for continuing violations, and an additional penalty
of $25 will be applied against the owner of said premises for each day the
violation exists.
Section
3.0 Local Law In Force
This local law shall be in full force and effect from and
after its passage, approval, recording, and publication as provided by state
and local law.
