[HISTORY: Adopted by the Town Board of the
Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 290.
As used in this chapter, the following terms
shall have the meanings indicated:
One which is not securely covered by a cover sufficient to
withstand 500 pounds of pressure for each 10 square feet of the covered
area or completely enclosed by a permanent wire fence at least four
feet in height.
An open or unguarded well, cistern, cesspool
or mine hole situated within the limits of the Town of Seneca Falls,
New York, within 500 feet of the side line of any road, street or
highway used by the public, is declared to be a public nuisance.
Any such public nuisance shall be abated by
the owner of the land on which said public nuisance exists after a
notice in writing shall have been given to the owner by the Clerk
of the Town of Seneca Falls, as hereinafter set forth.
The Town Clerk of the Town of Seneca Falls is
hereby empowered, authorized and directed, upon a public nuisance
as herein defined being called to his or her attention, to notify
in writing the owner of the land on which such public nuisance exists
to abate such public nuisance within five days from the service of
the notice upon such owner, by either placing a cover over such nuisance
sufficient to withstand 500 pounds of pressure for each 10 square
feet of the covered area or by completely enclosing the public nuisance
with a permanent wire fence at least four feet in height which will
bar all reasonable and normal access. The notice shall further provide
that in the event such owner shall fail to abate such nuisance, the
Town of Seneca Falls may cause such nuisance to be abated and the
reasonable cost thereof shall be charged against the owner of the
land on which such nuisance exists. The costs thereof will be a lien
on such lands and will be assessed thereon and collected in the same
manner as local municipal taxes are collected.
In the event of the failure of the owner of
the land upon which such public nuisance exists to abate the nuisance
and said nuisance is abated by the Town of Seneca Falls, then the
costs of such abatement shall be a lien on such lands and shall be
assessed thereon and collected in the same manner as local municipal
taxes are collected.
Any landowner violating any of the provisions
of this chapter shall, upon conviction, in addition to his or her
lands being liable to a lien as hereinabove set forth, be subject
for each offense to a fine of not more than $500 or imprisonment for
a term not exceeding 15 days, or both. Each day during which any of
the aforesaid public nuisances shall exist, after such notice as hereinabove
set forth is given, shall constitute a single and separate violation
of this chapter.
