[HISTORY: Derived from Articles I and IV
of Chapter 72 of the 1975 Compilation, as amended through 1996. Subsequent
amendments noted where applicable.]
§ 82-1 Control of brush, rubbish and weeds.
§ 82-2 Payment for services.
§ 82-3 Accumulation of trash or garbage on private property.
§ 82-4 Dumping in rivers, creeks and ditches.
§ 82-5 Penalties for offenses.
§ 82-1 Control of brush, rubbish and weeds.
A.
Duty of owner. All premises and immediate exterior
property shall be maintained free from weeds or plant growth in excess
of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation, other
than trees or shrubs provided; however, this term shall not include
cultivated flowers and gardens.
[Amended 1-3-2017 by Ord.
No. 4-2017]
B.
Exception. This rule shall not be construed to prevent
the raising of garden or cultivated crops on farmlands or to unreasonably
require the cutting of grass and brush on undeveloped areas except
within 200 feet of improved properties.
C.
Authority of Supervisor of Streets and Parks. The
Supervisor of Streets and Parks, in the name of the Board of Public
Service, upon complaint being made to him, or upon his own motion,
shall address to any owner permitting a violation of this section
to exist upon his property a notice, in writing, served personally
or by mail to the address appearing on the city tax roll, requiring
such person within a time specified in such notice but in no event
less than five days from the service of mailing thereof to comply
with this section. Upon the failure of such owner to comply with such
notice within the time limited therein, the Supervisor of Streets
and Parks shall cause such premises to be put in such condition as
will comply and shall charge the cost thereof to the owner of said
premises, including a fifty-percent charge thereof for supervision
and administration.
§ 82-2 Payment for services.
Bills rendered for mowing grass and similar
services shall be due 30 days from the date of such bills. The owner
of the premises shall be held responsible and liable for all charges
for such service. In case of default of payment, these charges will
be collected in the manner provided for by the provisions of the City
Charter relating to the collection of general city taxes, including
the levy, correction, enforcement and collection in the same manner
and in the same proceedings at the same time, under the same penalties,
and having the same lien upon the property so charged as such tax
and as a part thereof.
§ 82-3 Accumulation of trash or garbage on private property.
A.
Prohibited. No person, either as owner, lessee, agent,
tenant or otherwise of any lot, land, premises or improved property
in the city shall throw, cast, deposit or allow to accumulate thereon
any decomposable organic matter which might create a nuisance or act
as a breeding place for flies or bugs or as food for rats or vermin;
or any trash or discarded material or thing, capable of holding water,
which might serve as a breeding place for mosquitoes; or any combustible
matter or material which might increase the fire hazard in his or
neighboring property; or any weeds, high grass, trash, rubbish, junk
or any discarded material or thing which tends to produce an unsightly,
disagreeable appearance objectionable to the neighborhood.
B.
Exceptions. Notwithstanding the provisions of this
section, nothing herein contained shall be construed to prohibit the
proper and temporary accumulation in suitable containers of garbage,
ashes, refuse, etc., for regular collection; or the depositing of
manure for the immediate cultivation of land; or the lawful collection
and storage of junk by regularly licensed junk dealers.
§ 82-4 Dumping in rivers, creeks and ditches.
A.
No person shall throw or place any refuse, paper,
trash, snow, glass, nails, tacks, wire, bottles, cans, yard trash,
concrete, earthen fill, garbage, containers or litter or other debris
in any ditch, stream, river or retention basin that regularly or periodically
carries surface water runoff. Any persons who deposits any of the
above shall remove it or shall cause it to be removed therefrom immediately.
B.
A violation of the foregoing shall be a second degree
misdemeanor and punishable per the provisions of State Statutes 775.082
and 775.083.
C.
In the event that the City of Oneonta deems it necessary
to bring civil action to enforce the terms of this chapter, the violator
shall be responsible for all court costs and attorney fees incurred
by the city.
§ 82-5 Penalties for offenses.
Any person violating any provision of this article shall be punished as provided in § 1-18 of this Code.