[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles 9-11-1995
by L.L. No. 3-1995. Amendments noted where applicable.]
This chapter shall be known as the "Brush, Grass, Rubbish and Weed Control
Local Law of the Village of Skaneateles."
A.
It is hereby declared to be the policy of the Village
Board of Trustees of the Village of Skaneateles to provide for the proper
use of land to prevent unhealthful, hazardous, unsightly or dangerous conditions
resulting from the accumulation of brush, grass, rubbish or weeds, or growth
of harmful or poisonous shrubs or weeds, and to protect the public health,
safety and general welfare of the residents of this Village.
B.
By this chapter, the Village Board of Trustees 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 cut, trim, remove
or destroy poisonous or harmful shrubs or weeds, and, upon the default of
the owner to do so, cause the same to be done and assess the costs against
the real property(s) on which such brush, grass, rubbish, shrubs or weeds
are found.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the following:
The owner of the real property(s) on which any brush, grass, rubbish
or weeds ordered cut, trimmed or removed pursuant to this chapter are located,
or upon which any harmful or poisonous weeds or shrubs ordered cut, trimmed,
removed or destroyed are located.
The owner of the real property(s) immediately fronting on a portion
of any highway, street or road of the Village of Skaneateles upon which portion
any rubbish ordered removed pursuant to this chapter is located.
Includes the following:
It shall be the duty of any owner or occupant or person having control
of any lot or plot of land in the Village of Skaneateles to cut and remove,
or cause to be cut and removed, all brush, grass, rubbish and weeds or other
harmful or poisonous vegetation as often as may be necessary to comply with
the provisions of this chapter. Cutting, trimming and removing such brush,
grass, rubbish and weeds or other harmful or poisonous vegetation at least
twice in each of the months from May 1 until October 31 shall be deemed to
be a compliance with this chapter.
Upon receipt of a written complaint that there exists an unhealthful,
hazardous, unsightly or dangerous condition due to the accumulation of brush,
grass, rubbish or weeds or an accumulation of poisonous or harmful shrubs,
weeds or other vegetation upon any property within the Village, the Code Enforcement
Officer shall make or cause to be made an inspection of the subject property.
A written report of such inspection shall be made by and maintained in the
office of the Code Enforcement Officer. Copies shall be transmitted to the
Board of Trustees.
A.
After review of such report prepared pursuant to § 154-5 hereof, the Village Board of Trustees shall make a determination as to whether unhealthful, hazardous, unsightly or dangerous conditions exist due to the accumulation of brush, grass, rubbish or weeds or a growth or accumulation of poisonous or harmful shrubs or other vegetation upon property within the Village. Upon making an affirmative determination, the Trustees may, by resolution, require notice to be served upon the owner(s), occupant(s) or person(s) having control of such property(s), as hereinafter provided, requiring remediation of any of the foregoing conditions which are found to exist upon the land.
B.
If the Trustees determine that such unhealthful, hazardous,
unsightly or dangerous conditions exist, the Village Attorney of the Village
of Skaneateles shall serve or caused to be served the notice as herein provided
upon the owner(s), occupant(s) or person(s) having control of such property(s)
in person or by regular mail or certified mail, return receipt requested.
Such notice shall contain a description of the premises and a statement
of the particulars in which the premises is unhealthful, hazardous, unsightly
or dangerous and shall contain an order of the Code Enforcement Officer requiring
abatement of the conditions stated in the notice, stating a time for the completion
of such abatement. The order shall state that such abatement must be completed
within five days of the service of the notice and order.
Any person, corporation or association being the owner of real property
in the Village shall be required to cut, trim or remove brush, grass, rubbish
or weeds or poisonous or harmful vegetation upon their his or its lands when
ordered to do so by resolution of the Village Board and upon receipt of the
notice and order provided for herein.
Whenever a notice and order provided for herein has been served upon
such owner(s), occupant(s) or person(s) having control in the manner required
and such person shall neglect or fail to comply with the requirements of such
notice and order within the time provided, the Mayor shall direct that a notice
of hearing shall be issued and served upon the property owner(s), occupant(s)
or person(s) having control directing that person or entity to appear before
the Village Board.
At least five days' written notice of the hearing shall be given to
the owner(s), occupant(s) or person(s) having control and other interested
parties. The notice shall state the time, date and place of a hearing to be
conducted to review the determination of the Trustees that such unhealthful,
hazardous, unsightly or dangerous conditions exist and that appropriate enforcement
action will be considered. The owner(s), occupant(s) or person(s) having control
and other interested parties may attend the hearing, be represented by counsel,
offer evidence and call witnesses on his behalf. The hearing shall be conducted
by the Village Mayor or by a hearing officer appointed by the Mayor and Board
of Trustees. If the hearing results in a determination that unhealthful, hazardous,
unsightly or dangerous conditions exist and that the owner(s), occupant(s)
or person(s) having control has willfully failed to abide by the notice and
order of the Trustees, the Mayor may direct the performance of appropriate
remediation work by Village employees.
Upon authorization from the Mayor, Village employees shall enter upon
the subject property and perform such remediation work as is required to alleviate
the unhealthful, hazardous, unsightly or dangerous conditions which have been
found to exist.
The Village shall be reimbursed for the cost of the work performed or
services rendered by Village employees at the direction of the Mayor and Trustees.
Such costs shall include all costs related to ascertaining the identity and
location of the owner(s), occupant(s) or person(s) having control of the property,
service of notices required hereunder, the performance of remediation work
on the property by Village employees, and the removal and disposal of brush,
grass, or rubbish. The expenses so determined shall be reimbursed to the Village
by means of assessment and levy upon the land whereon such work was performed
or such services rendered, and such expenses shall constitute a lien and a
charge on the real property on which they are levied and shall be collected
in the same manner and at the same time as other Village taxes.
It shall be unlawful for any person to resist, obstruct, or interfere
with any Village employee or agent engaged in the performance of remediation
work ordered by the Village Board of Trustees.
Any person who shall violate any provision of this chapter shall, in
addition to reimbursing the Village for the costs of remediation work, be
liable for a fine of not more than $250 for each offense.
The owner(s), occupant(s) or person(s) having control over any land
or property found to be in violation of this chapter, after the hearing provided
for herein, shall not thereafter be entitled to further hearings for subsequent
offenses in the same calendar year. Repeat or subsequent offenses occurring
within the same calendar year on the same property shall be corrected by the
Village, or its agent, without notice to the owner(s), occupant(s) or person(s)
having control of the property. After initial notification and a hearing,
such owner(s), occupant(s) or person(s) having control of the property will
be presumed to have been given sufficient notice of violation of this chapter
for the duration of the calendar year.
