[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 7-7-1993 by L.L. No. 5-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 147.
This chapter provides for the protection of the health, welfare and safety of the residents of the Village of Weedsport by requiring the cutting and removal of weeds and other obnoxious and undesirable growth and materials.
As used in this chapter, the following terms shall have the meanings indicated:
CUT
To sever grass, weeds or brush to a height of not more than 10 inches.[1]
OWNER
Includes the legal owner, a tenant, lessee, occupant, undertenant, receiver or assignee of premises or property located within the corporate limits of the Village of Weedsport, and shall also include a purchaser, devisee, fiduciary or any other person having a vested or contingent interest in the property. The term "owner" as used in this chapter shall also mean the owner listed on the current tax rolls of the Village of Weedsport.
PERSON
Includes any individual, society, group, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
TRIM
Shall be synonymous with the term "cut."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The owner of any property within the Village of Weedsport shall, and is hereby required to cut, trim and properly dispose of all brush, grass and weeds.
If any brush, grass, weeds or other growth is in need of being cut, trimmed or removed, the Board of Trustees of the Village of Weedsport shall cause a notice in writing to be personally served upon the owner of such land as that owner is listed on the current tax rolls of the Village of Weedsport. Said notice shall direct the owner to cut, trim or remove any brush, grass, weeds or other growth as specified in said notice within 10 days from the date of personal service of said notice. The notice shall further specify the penalties for violation and shall further notify the owner that upon default the Village of Weedsport may apply to a court of competent jurisdiction for an order directing the owner to cut, trim or remove any brush, grass, weeds, or other growth, or in the alternative, for an order allowing the Village of Weedsport to cause such brush, grass, weeds or other growth to be cut, trimmed, or removed by the Village of Weedsport and to assess the cost thereof to the owner as a lien on the real property affected thereby to be collected by the Village Treasurer in the manner provided by law for the collection of delinquent real estate taxes.
In the event the owner shall fail to comply with the requirements of this chapter after receipt of notice as provided in § 37-4 above, the Village of Weedsport may enter upon the owner's premises and cut, trim or remove any brush, grass, weeds or other growth, and assess the cost thereof to the owner as a lien on the real property affected thereby, to be collected by the Village Treasurer in the manner provided by law for the collection of delinquent real estate taxes.
A. 
Failure to comply with any provision of this chapter shall be deemed a violation and shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. Each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the Village of Weedsport may be commenced in any court of competent jurisdiction to compel compliance with the terms of this chapter. Such remedy shall be in addition to penalties otherwise prescribed by this chapter.