Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Collins 6-15-1987 by L.L. No. 1-1987 (Ch. 74 of the 1987 Code). Amendments noted where applicable.]

§ 118-1 Title.

This chapter shall be known and may be cited as the "Brush, Grass, Rubbish and Weeds Law of the Town of Collins."

§ 118-2 Declaration of policy.

[Amended 10-15-1990 by L.L. No. 2-1990[1]]
It is hereby declared to be the policy of the Town Board to provide for the proper use of land to prevent unhealthful, hazardous (including fire hazard) or dangerous conditions due to the accumulation of brush, grass, rubbish or weeds or growth of poisonous shrubs or weeds in violation of this chapter and the New York State Property Maintenance Code. By this chapter the Town Board seeks to remove such dangers to health, life and property by requiring owners of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, and, upon default, cause the same to be done and assess the costs against the real properties on which such brush, weeds, rubbish, shrubs or weeds are found.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-3 Regulation by Town Board.

The Town Board may from time to time by resolution require notice to be served upon owners as hereinafter provided to remedy any of the foregoing conditions which may exist upon the land, pursuant to the authority vested in the Town Board of the Town of Collins under §§ 64, Subdivision 5-a, and 130, Subdivision 5, of the Town Law.

§ 118-4 Action of Town Board.

Any person being the owner of real property in the Town of Collins, outside of incorporated areas, shall be required to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds upon their lands when ordered to do so by resolution of the Town Board.

§ 118-5 Notice to be served.

Whenever the Town Board adopts a resolution requiring the owners of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds upon their lands, the Town Board shall specify the place, manner and time (not less than five days from the receipt of said notice) within which such work shall be completed. A notice of the adoption of such resolution shall be served upon such owner or owners by ordinary mail addressed to his or her, or their last known address.

§ 118-6 Failure to comply.

Whenever a notice or notices referred to in § 118-5 has been or have been served upon such owner or owners of the respective lots or parcels of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds, and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Town Board shall authorize the work to be done and pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purpose.

§ 118-7 Costs of work or services; reimbursement of Town.

The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Town Board as hereinabove provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, so much of the actual and complete cost as incurred upon and from each such lot or lots, which charges shall be assessed and collected in the same manner and at the same time as other Town charges.

§ 118-8 Penalties for offenses.

Notwithstanding the foregoing remedies, nothing shall prohibit the punishment of any violator who fails to comply with the notice specified in § 118-5, pursuant to § 1-3 of the Code of the Town of Collins.