[HISTORY: Adopted by the Common Council of
the City of Middletown 12-27-1954 (Ch. 117 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 359.
It shall be unlawful for any owner, lessee,
tenant, occupant or other person having charge of any occupied or
unoccupied lot in the City of Middletown to permit or maintain on
any such lot, or on or along the sidewalk, street or alley adjacent
to the lot, or on any area between the property line and the curb
or for 10 feet outside the property line if there is no curb any growth
of weeds, grass or other vegetation to a greater height than six inches
on the average. It shall also be unlawful for such person to permit
any accumulation of dead weeds, grass or brush, nor shall any person
permit poison ivy, ragweed or other poisonous plants or plants detrimental
to health to grow on any lot in such a manner that any part of such
vegetation shall extend upon, overhang or border any public place.
It shall further be unlawful for such person to allow seed, pollen
or other poisonous particles or emanations therefrom to be carried
through the air into any public place.
[Amended 8-9-2010]
It shall be the duty of every owner, lessee, tenant, occupant or other person having charge of any lot to cut and remove, or cause to be cut and removed, all such weeds, grass and other vegetation as often as may be necessary to comply with the provisions of § 188-1 herein. The cutting of ragweed and poison ivy, however, shall not be deemed to be a compliance with this chapter unless such cutting is sufficiently frequent to prevent leafing or pollination of the same, it being the intent of this chapter to eliminate and destroy the same.
[Amended 10-13-1992]
Failure to comply with the provisions of §§ 188-1 and 188-2 of this chapter shall constitute a violation. Any person violating any provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $500, and each day on which such violation continues shall constitute a separate offense.
[Amended 4-25-1977; 12-27-2005; 1-7-2008; 2-11-2008; 11-1-2011]
A.
In addition
to the foregoing, the Commissioner of Public Works may, after serving
written notice of at least five days upon the owner at the address
listed in the current tax roll, cause such weeds, grass and other
vegetation to be cut and removed as provided in this chapter, and
a report of the cost and expense of doing said work shall be submitted
to the Treasurer and shall then become a lien against the property
where said work was performed; said lien shall bear interest at the
same rate as taxes.
B.
In the
event the Commissioner of Public Works has already in a growing season
(defined as March 1 through September 30) given one five-day notice
to a property owner and the Commissioner determines that the overgrowth
condition has returned on the property after the Commissioner has
caused such weeds, grass and other vegetation to be cut and removed,
the Commissioner of Public Works may, after serving written notice
of at least three days upon the owner at the address listed in the
current tax roll, cause such weeds, grass and other vegetation to
be cut and removed as provided in this chapter, and a report of the
cost and expense of doing said work shall be submitted to the Treasurer
and shall then become a lien against the property where said work
was performed; said lien shall bear interest at the same rate as taxes.
C.
In the
event the Commissioner of Public Works has already in a growing season
(defined as March 1 through September 30) given one five-day notice
and one three-day notice to a property owner and the Commissioner
determines that the overgrowth condition has returned on the property
for a third time after the Commissioner has caused such weeds, grass
and other vegetation to be cut and removed, the Commissioner of Public
Works may, without serving any notice upon the owner at the address
listed in the current tax roll, cause such weeds, grass and other
vegetation to be cut and removed as provided in this chapter, and
a report of the cost and expense of doing said work shall be submitted
to the Treasurer and shall then become a lien against the property
where said work was performed; said lien shall bear interest at the
same rate as taxes.
D.
The minimum charge imposed by the Treasurer for the work described in § 188-4A, B and/or C for single family residential properties shall be $100 for the first time the work was performed in a growing season, $250 for the second time the work was performed in a growing season, and $500 for the third and/or subsequent time(s) the work was performed in a growing season.
E.
The minimum charge imposed by the Treasurer for the work described in § 188-4A, B and/or C for two-family and multifamily residential properties shall be $250 for the first time the work was performed in a growing season, $500 for the second time the work was performed in a growing season, and $750 for the third and/or subsequent time(s) the work was performed in a growing season.
F.
The minimum charge imposed by the Treasurer for the work described in § 188-4A, B and/or C for commercial and industrial properties shall be $500 for the first time the work was performed in a growing season, $750 for the second time the work was performed in a growing season, and $1,000 for the third and/or subsequent time(s) the work was performed in a growing season.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
