City of Oneonta, NY
Otsego County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Derived from Articles I and IV of Chapter 72 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Housing Code — See Ch. 158.
Littering — See Ch. 170.
Solid waste — See Ch. 248.
Abandoned vehicles — See Ch. 278.

§ 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.