City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Watervliet 4-20-1972 as § 14-2 of Ch. 14 of the Code of Ordinances of 1972; amended in its entirety 8-9-2018 by Ord. No. 1980. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 135.
Trees — See Ch. 245.
As used in this chapter, the following words shall have the meanings indicated:
APPEARANCE TICKET
As defined and authorized pursuant to Chapter 276 of the Code of the City of Watervliet.
ENFORCEMENT OFFICER
The Inspector of Buildings or his/her designee or Code Enforcement Officers.
OWNER
A person, agent, operator, firm, association, organization, partnership, company, corporation, beneficiary trust, trustee and all other person(s) having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
A. 
It shall be unlawful for any owner of any lot or parcel of land in the City of Watervliet to permit or maintain on any such lot or parcel of land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or the middle of the alley, or for 15 feet outside of such property line if there is no curb, any growth of weeds, grass, brush or other rank vegetation to a height greater than 10 inches on the average or any accumulation of dead weeds, grass or brush.
B. 
It shall be the duty of any owner of any lot or parcel of land in the City of Watervliet to cut and remove all such weeds, grass, brush or other rank vegetation in order to comply with § 123-2A.
A. 
Whenever the enforcement officer finds that there has been a violation of this chapter, he shall issue and serve upon the owner of the subject property an appearance ticket as defined and authorized pursuant to Chapter 276 of the Code of the City of Watervliet.
B. 
Any person violating any provisions of this chapter shall be deemed guilty of a violation as defined by § 10, Subdivision 3, of the Penal Law of the State of New York, and upon conviction, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.
A. 
In addition to prosecution of violations of this chapter pursuant to § 123-3, the City may remove the offending conditions pursuant to the following procedure:
(1) 
When the enforcement officer determines that a violation of § 123-2 exists, he shall serve a written notice of violation by first-class mail addressed to the last known owner of the subject property as shown by the records of the Assessor's Office of the City of Watervliet. The notice shall state "The growth of grass, weeds, brush or other rank vegetation on this property violates Chapter 123 of the Code of the City of Watervliet. Should the violating conditions not be corrected within five days of the date of this notice, the City of Watervliet will correct the violating condition and charge the owner of the property a mobilization fee of $50 plus the cost of correcting the violation. If these charges are not promptly paid, they will become a lien on the subject property and be added to and appear on the next City tax bill for said property." The notice should specify the subject property via street address, the name and address of the owner, and the nature of the violation.
(2) 
When five days have expired after the mailing of the above described notice, the General Manager shall direct City employees or contractors to correct the violation if the owner has not corrected the violating condition.
(3) 
The General Manager shall cause such weeds, grass, brush and other rank vegetation on such lot or parcel of land to be cut and removed. A mobilization fee of $50 and the actual costs of such cutting and removal and other additional costs in connection therewith shall be certified by the General Manager to the Director of Finance, who shall mail a bill for same to the owner; and if said bill is unpaid after 30 days, the charges shall thereupon become and be a lien against the property and be added to and appear on the next City tax bill for said property and shall be collected and enforced by the City in the same manner as taxes.