[HISTORY Adopted by the Village Board of the Village of Canton 12-20-2004
by L.L. No. 4-2004. Amendments noted where applicable.]
The Village Board of the Village of Canton hereby determines it necessary
for the health, safety, and general welfare of the residents of the Village
of Canton to provide a method whereby vacant lots, improved properties and
public land within the Village of Canton are kept clean, properly maintained,
and free from nuisances, weeds, tall grasses and other rank vegetation.
A.
CULTIVATED FLOWERS
GARDEN
TALL GRASS
WEEDS
For the purpose of this chapter, terms used herein are
defined as follows:
Flowering plants and perennials which are planted and maintained
in an aesthetic arrangement in a garden.
A defined space, not comprising a property owner's entire yard
space, for the aesthetic arrangement, planting and/or cultivation of flowers,
vegetables and/or herbs.
All grasses, prairie lawns and undergrowth exceeding 10 inches in
height; however, this term shall not include cultivated flowers and gardens.
All varieties of rank or obnoxious grasses, annual plants, and vegetation,
other than trees or shrubs.
B.
Undefined terms. Where terms are not defined in this
code, but are otherwise defined in the Property Maintenance Code of New York
State, the terms should have the meaning ascribed to them as in that Code.
A.
Whenever in the Village of Canton there shall be growing
on any property ragweed, poison ivy or other species of weed, plant or growth
which is noxious or detrimental to the public health, or the seed, pollen,
other emanation thereof, which, when carried through the air or otherwise
disbursed, is noxious or detrimental to the public health, it shall be removed
from said premises within five days after written notice is served on the
owner, lessee, occupant or any person having control of said property by the
Code Enforcement Officer.
B.
It shall be 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 Village of Canton to permit or maintain on any such lot
or land or on or along the sidewalk or street adjacent to the same between
the property line and the curb any growth of weeds, grass or other rank vegetation
to a height in excess of 10 inches on the average, or any accumulation of
dead weeds, grass or brush.
A.
Any owner, tenant or occupant of any property in violation of this chapter located within the Village of Canton shall cut and remove or cause to be cut and removed such offense when ordered to do so by the Code Enforcement Officer within five days of the service of written notice as provided in Subsection B below.
B.
All written notices under this section shall be served
on the owner, tenant or occupant of any property located within the Village
of Canton by posting a copy of such violation notice upon the front portion
of the property or upon the main structure and by mailing a copy of such notice
by ordinary mail to the owner of the property as shown on the latest assessment
rolls of the Village of Canton. If directed against a corporation, notice
may be served upon the corporation at its principal place of business, upon
an agent of the corporation within the Village of Canton, or upon the Secretary
of State.
A.
Any person failing to comply with a lawful order pursuant
to this chapter or committing an offense against any provision of this chapter
shall be guilty of a violation. In addition to any other penalty or remedy
herein provided, each and every violation of this chapter shall be punishable
as follows:
(1)
For a first conviction thereof, by a fine not exceeding
$100, or by imprisonment for a term not exceeding 15 days, or by both fine
and imprisonment.
(2)
For a second such conviction, by a fine of not less than
$100 nor more than $250, or by imprisonment not exceeding 15 days, or by both
fine and imprisonment.
(3)
For a third or subsequent such conviction, by a fine
of not less than $250 nor more than $500, or by imprisonment for a term not
exceeding 15 days, or by both fine and imprisonment.
B.
The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is committed, a
separate and distinct offense thereunder.
C.
Failure to comply with the direction of any official
of the Village of Canton when notice has been provided in accordance with
the chapter shall constitute a separate and distinct offense hereunder.
D.
In addition to the above provided penalties and punishment,
the Village of Canton may also maintain an action in any court of competent
jurisdiction to compel compliance with the chapter by injunction or other
action. Such other action may include authorization for the removal of the
nuisance weeds, tall grass or other rank vegetation by the Village of Canton
or its agents. All removal costs may be charged and assessed against the owner
of the property. The expense so assessed shall constitute a lien and charge
on the real property to be levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as other Village
charges.
