[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 7-8-2002 by L.L. No. 5-2002. Amendments noted where
applicable.]
This chapter is enacted for the purpose of promoting the health, safety
and general welfare of Village residents by controlling the accumulation of
weeds, tall grass and other objectionable vegetation on private property in
the area of the Incorporated Village of Fishkill.
As used in this chapter, the following words, terms and phrases shall
have the meanings herein ascribed to them:
Such vegetation as poison ivy, jimsonweed, ragweed or other poisonous
or harmful plant or plants detrimental to the public health and grass which
exceeds 12 inches in height.
Plant matter such as brush, grass, leaves, weeds and tree trimmings
which has been cut or harvested.
A.
It shall be unlawful for any owner, lessee or occupant
or, any agent, servant, representative or employee of any such owner, lessee
or occupant having control of any occupied or unoccupied lot or tract or any
part thereof in the Village of Fishkill to permit or maintain on any such
lot or tract any growth of weeds, grass or other objectionable vegetation
to a height greater than 12 inches on the average or any accumulation of yard
waste.
B.
It shall be unlawful for any such person or persons to
cause, suffer or allow any vegetation, including but not limited to weeds,
tall grass and objectionable vegetation, to grow on any such lot or tract
in any such manner that any part of such vegetation shall extend upon or overhang
any public sidewalk, roadway or curb.
C.
Upon the failure of any such person or persons to cut,
trim or remove weeds, grass, other objectionable vegetation or yard waste
within 10 days from the time a notice to cut, trim or remove such weeds, grass,
other objectionable vegetation or yard waste has been served, the Village
of Fishkill may cause such weeds, grass, other objectionable vegetation or
yard waste to be cut, trimmed or removed, and the total cost thereof, including
but not limited to moneys actually paid out by the Village, time and expense
of the Village officials and employees involved in the service of the notice
and the actual cutting, trimming or removal of the weeds, grass, other objectionable
vegetation or yard waste in connection with the enforcement of the provisions
of this chapter, shall be assessed upon the real property on which such weeds,
grass, other objectionable vegetation or yard waste was found, and the expense
so assessed shall constitute a lien and charge on the real property on which
it is levied until paid or otherwise satisfied or discharged and shall be
collected in the same manner and at the same time as other Village charges.
Any notice required to be served pursuant to the provisions of this
chapter shall be served as follows:
A.
By mail to the owner addressed to the last known address
of the owner; and
B.
By attaching or placing a copy of said notice upon any
structure on said lot or tract of land and, if no structure is available upon
said lot or tract of land, by attaching said notice upon the nearest utility
pole or other support.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $500 or imprisonment for a term not to exceed 90 days, or both.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punished as such.
