[HISTORY: Adopted by the Council of the City
of Schenectady 2-9-1970 by Ord.
No. 15274.[1] Amendments noted where applicable.]
It shall be unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee of such
owner, lessee or occupant, having control of any occupied or unoccupied
building lot or plot of land, or any part thereof, to permit any noxious
weeds or grass or deleterious, unhealthful or noxious growths over
one foot in height to grow or stand or be deposited on any such lot
or plot or along the sidewalks, street or alley adjacent to the same
for 10 feet outside the property line, if there is no curb, nor permit
the deposit or accumulation of dead weeds, grass or brush or other
unhealthful debris on such lot or plot.
A.
It shall be unlawful for any person, either as owner,
lessee, agent, tenant, trespasser or otherwise, to throw, cart or
deposit or cause or permit to run, drop or remain or to be thrown,
cast or deposited in or upon any occupied or unoccupied building lot
or plot of land, or any part thereof, whether enclosed or unenclosed,
except at such place or places designated or provided by the Department
of Health of the City or the Department of Engineering and Public
Works of the City, any waste, leaves, brush, hay, weeds, straw, litter,
wastepaper, boxes, shavings, or any filthy or combustible or flammable
materials, rubbish, garbage, dirt or stagnant water whereby a fire
hazard, unhealthful, noxious or dangerous condition or nuisance is
created or whereby the premises of another or the enjoyment of the
premises of another are or may be injured, damaged, interfered with
or prejudiced. Nothing in this section shall be construed as to prevent
the depositing of any fertilizer upon any private property for the
purpose of aiding the cultivation thereof.
B.
No person shall throw or empty any straw, ashes, bottles
or any other hard or bulky substances in any vault, drain, sewer,
stream, bridge, lot or land within the City.
[Amended 5-18-1987 by Ord. No. 87-43]
The Bureau of Property Management shall not
permit any noxious grass or weeds or deleterious, unhealthful or noxious
growths over one foot in height to grow or stand on any lot, place,
area, roadway, sidewalk, park or parkway owned or occupied by the
City or any of its agencies or departments or bureaus.
The ragweed is a noxious weed and is unhealthful
and deleterious and falls within the provisions of this chapter regardless
of the height to which it grows.
All noxious weeds or grass or deleterious, unhealthful
or noxious growths over one foot in height shall be cut down, destroyed
and removed before their blooming period and, in any event, on or
before the first days of July, August and September of each year.
[Amended 5-18-1987 by Ord. No. 87-43]
In addition to the provisions herein made for the cutting, destruction or removal of weeds, grass and growths and notwithstanding the penalties provided for in § 258-9 of this chapter, the Bureau of Property Management is hereby authorized to cut, destroy or remove any noxious weeds or grass or deleterious, unhealthful or noxious growths over one foot in height growing or standing on any sidewalk or banquette or on any lot, place or area in the City and to remove any and all waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes, shavings or any filthy, combustible or flammable materials, rubbish, garbage or dirt from any lot or plot where the same may have been deposited or to fill such lot or to drain the same where stagnant waters are allowed to accumulate, provided that no such work shall be undertaken by the Bureau of Property Management until the owner of the lot or place or area where such materials are to be cut, destroyed or removed or the owner of the property abutting the sidewalk or bank where such materials are to be cut, destroyed or removed shall have had an opportunity of doing the work himself within five days after previous notice has been given to him or, in his absence from the City, to the agent of leased or occupied premises or, if not known, to the occupant thereof or, if not leased or occupied, by advertisement in the official newspaper in the City for two consecutive days.
[Amended 5-18-1987 by Ord. No. 87-43]
A.
The charge or cost and expense of work done by the City pursuant to § 258-6 is declared to be that of the property abutting the sidewalk or bank or of the lot, place or area where such materials may be cut, destroyed or removed, and the cost and expense shall be collected in the manner fixed by law for the collection of taxes and shall be subject to the same penalties for delinquencies provided for the nonpayment of taxes. The Bureau of Property Management shall demand of the owner of such property the payment of such charge, cost or expense, and if, after the cutting, destruction or removal of such weeds, grass, growths and other materials, as aforesaid, shall have been done by the Bureau of Property Management, after due notice as above stated, the cost or expense thereof shall not have been paid within 10 days after due demand, then the Bureau of Property Management shall send an attested bill of said cost or expense to the Director of Finance, who shall add the amount of said bill to the next tax bill of the owner of the lot or place or area where such noxious weeds, grass and other materials herein mentioned were cut, destroyed or removed or of the owner of the property abutting the sidewalk or bank where such noxious weeds, grass or deleterious or unhealthful growths and other materials herein were cut, destroyed or removed.
B.
The cost of removal as stated above shall include
an administrative fee of $30 or 10% of the actual cost, whichever
is higher.
[Added 2-6-1989 by Ord. No. 89-03]
[Amended 5-18-1987 by Ord. No. 87-43]
All charges, costs and expenses collected by
the Bureau of Property Management shall be deposited with the Director
of Finance.
For the purpose of enforcing the provisions
of this chapter, a corporation shall be deemed to be represented by
its president or, in his absence, by its vice president or, in the
absence of both, by the officer or individual in charge of the affairs
of the corporation, and such representative shall be held responsible
and punished for any violation by the corporation of the provisions
of this chapter.
Each of the members of a firm shall be held
responsible and punishable for any violation by the firm of the provisions
of this chapter.
[Added 10-19-1998 by Ord. No. 98-22]
Any person issued a notice of violation pursuant
to any provision of this chapter, where the same has not been withdrawn
by administrative appeal or dismissed by a court of competent jurisdiction,
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien, and, if unpaid, such administrative
fee shall be added to the tax rolls as an assessment or levied as
a special tax against said property or recovered in a civil suit against
the person to which the notice of violation was issued.
