[HISTORY: Adopted by the Town Board of the Town of Cicero 7-27-2009 by L.L. No.
14-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 135.
A.
It is hereby declared to be the policy of the Town of Cicero to provide
for the appropriate use of land to prevent unhealthy, hazardous, or
dangerous conditions due to accumulated brush, grass, rubbish, and
weeds, or the growth of noxious plants, in a manner that protects
the public health, safety and general welfare.
B.
In enacting this legislation, the Town seeks to remove threats to
the public health, safety and general welfare by requiring owners
of land to take remedial action to cut, trim or remove brush, grass,
rubbish, weeds, and poisonous or noxious plants, and upon a default
by the owner to remove such a threat to the public health, safety
and general welfare, to cause the same to be done and assess the costs
against the properties upon which such conditions are found.
As used in this chapter, the following terms shall have the
following meanings:
Uncultivated woody shrubs and immature trees.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering. Grass may also be used for ground covering for the establishment
of drainage swales, flood routes or water detention basins.
Includes an individual or individuals, society, club, firm,
partnership, corporation or any other association of persons or entity
of any kind. The singular number shall include the plural number.
Those plants that are dangerous to the physical health of
humans, animals or plants, or capable of causing damage to humans,
animals or plants. Noxious plants shall include, but not be limited
to, poison ivy, multiflora rose, and Japanese knotwood.
[Added 6-8-2016 by L.L. No. 6-2016]
Lumber, junk, trash, debris, building materials, or any other
deleterious materials.
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, furniture, stoves, refrigerators,
freezers, appliances, cans, containers, or vehicle tires.
Any compost pile which is of such a nature to spread, harbor
disease, emit unpleasant odors or gas, attract rodents, vermin or
other disease carrying pests, animals or insects.
Any unsanitary matter or materials.
Solid waste and garbage.
Wild, useless and generally undesirable plants growing at
random in inappropriate locations.
A.
It shall be a violation of this chapter for the owner of any real
property in the Town of Cicero to permit or maintain on any such lot
or land, inclusive of the land between the curb line and the lot line,
rubbish as defined above, any growth of brush, grass, weeds or noxious
plants higher than 10 inches on average.
[Amended 6-8-2016 by L.L.
No. 6-2016]
B.
For purposes of this chapter, the obligation and responsibility of
the owner to ensure compliance with this chapter shall not be altered
or affected by any agreement or contract by and between the owner
and any occupant, possessor or tenant of the real property.
A.
The provisions of § 66-3B of this chapter related to the growth of brush, grass, weeds or noxious plants shall not apply to:
B.
Special consideration. Special consideration shall be given to individuals
who are elderly, disabled or otherwise incapable of immediate compliance
with the provisions of this chapter. If it is determined that an individual
cannot maintain a reasonable level of upkeep of real property and
special consideration is warranted, enforcement may be suspended to
give the person adequate time to correct the problem. Application
of this section shall be within the reasonable discretion of a Code
Enforcement Officer.
A.
If any of the provisions of this chapter are not complied with, a
Code Enforcement Officer shall serve written notice and an order to
remedy such violation either by regular mail, addressed to the last
known address of the owner as on file with the Receiver of Taxes;
or by posting the notice on the front or main doorway of a property
for a period of five days. If the landowner does not remedy the deficient
condition within the five-day period after posting, the Town may take
any necessary remedial action at the cost of the landowner pursuant
to the applicable section of this Code.
[Amended 7-11-2012 by L.L. No. 12-2012]
[Amended 7-11-2012 by L.L. No. 12-2012]
A.
If the owner, upon proper service of a notice, neglects or refuses
to comply with the notice within five days of service, the Town shall
cause such brush, grass, rubbish, weeds or noxious plants on such
real property to be cut and removed. The actual cost of such cutting
and removal, and grading if necessary, plus a twenty-five-percent
fee for inspection and administrative overhead, shall be certified
to the Town Clerk and shall thereupon become a lien upon the real
property on which such work was performed and shall be added to and
become part of the taxes next to be assessed and levied upon such
lot or land and shall bear interest at the same rates as taxes and
shall be collected and enforced by the same officer and in the same
manner as taxes.
Where the violation or condition existing on the real property
is of such a nature as to constitute an immediate threat to human
health or safety unless abated without delay, the Town may either
cause the violation to be abated or order the owner to correct the
violation within a period of time not to exceed three days, and upon
failure to do so, the condition may be abated pursuant to and subject
to the provisions of this chapter.
A violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed 15 days, or both. Such violation shall not be a crime
and the penalty or punishment imposed shall not be deemed for any
purpose a penal or criminal penalty or punishment, and shall not impose
any liability upon or affect or impair the credibility as a witness,
or otherwise, of any person convicted thereof. Each week's continued
violation shall constitute a separate and additional offense.
Where the real property was subject to a previous proceeding
under this chapter relative to a same or a similar violation within
120 days prior to the recurrence of the violation, then the Town may
cause the violation to be abated or order the owner to correct the
violation within a period of time not to exceed three days, and upon
failure to do so, the condition may be abated pursuant to and subject
to the provisions of this chapter.
[Added 7-11-2012 by L.L. No. 12-2012]
The owner of lands in the Town of Cicero shall be liable for
any injury or damage by reason of omission, failure or negligence
to maintain or repair such property. In the event the Town is forced
to take remedial measures pursuant to this Code section, the owner
is liable for any dangerous conditions Town employees, contractors
or agents may encounter when forced to enter the premises to take
remedial action.
[Added 7-11-2012 by L.L. No. 12-2012]
If any paragraph, section, sentence or portion of a sentence
of this article shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.
