[Adopted 7-13-1993 as L.L. No. 1-1993[1]]
[1]
Editor's Note: This local law also superseded former Art. I, Brush, Grass, Weeds and Trees, adopted 1-7-1929, as amended 6-14-1988 by L.L. No. 1-1988.
No person, firm or corporation owning or occupying property within the Village of Waverly shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises within 40 feet of a property line so as to exceed a height of six inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the village in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Village of Waverly.
A. 
The owner of any premises as to vacant premises or premises occupied by the owner, or the occupant thereof in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of § 125-1 of this article.
B. 
Notice to property owner or occupant; removal by village.
(1) 
The Village Clerk or any officer or employee of the village designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 125-1 of this article, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this article within five days after issuance of such notice.
(2) 
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the village authorities may remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with any additional penalty authorized by law, may be collected by the village from such person, firm or corporation.
A. 
In all cases where any grass, weeds, brush or other plant or vegetable growth is removed from any land under the provisions of this article by or under the direction of the designated officer of the village, such officer shall certify the costs thereto to the Village Clerk, who shall examine the certificate and each item thereof, and, if approved by the Village Clerk, costs as shown and approved shall thereupon be charged against the lands upon which such conditions shall have existed, and the amount so charged shall forthwith become a lien upon said lands and shall be added to and form a part of the taxes next to be assessed and levied upon such land and shall bear interest at the same rate as all other taxes and shall be collected and enforced by the same officer in the same manner as other taxes.
B. 
Exemptions. The following limitations shall apply with reference to the enforcement of this article:
(1) 
Weeds or grass intermingled with growing cultivated crops or growing on lands under the direct control and supervision of a person actively engaged in farming shall not come within the provisions of this article.
[Amended 9-23-2008 by L.L. No. 1-2008]
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of:
(1) 
First offense: up to $250 and/or up to 15 days in jail.
(2) 
Second offense for the same violation within two-year period: minimum fine of $100 and up to $350 and/or up to 15 days in jail.
(3) 
Third offense for the same violation within two-year period: minimum fine of $200 and up to $700 and/or up to 15 days in jail.
(4) 
Fourth offense for the same violation within two-year period: minimum fine of $300 and up to $1,000 and/or up to 15 days in jail.
B. 
Subsequent violations. If a period of two or more years has passed since the defendant's last conviction for violating provisions of this article a subsequent conviction will be subject to a first offense fine.
No person, firm or corporation owning or occupying lands lying within the Village of Waverly shall permit any brush, hedges, weeds and other plant life to grow or remain upon such premises within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet where it shall be necessary and expedient for the preservation of the public safety. Any brush, hedges, weeds or other plant life growing upon any premises in the village in violation of any provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Village of Waverly.
A. 
The owner of any premises as to vacant premises or premises occupied by the owner, or the occupant thereof in case of premises occupied by other than the owner, shall cut or remove the vegetation within 10 days after notice to cut or remove the same growing or remaining upon such premises in violation of § 125-5 of this article.
B. 
Notice to property owner or occupant; removal by village.
(1) 
The Village Clerk or any officer or employee of the village designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon brush, hedges, weeds or other plant life is growing or remaining in violation of the provisions of § 125-5 of this article, directing and requiring such owner or occupant to remove, trim or cut such brush, hedges, weeds or other plant life so as to conform to the requirements of this article within 10 days after issuance of such notice.
(2) 
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the village authorities may remove, trim or cut such brush, hedges, weeds or other plant life, and the cost thereof, together with any additional penalty authorized by law, may be collected by the village from such person, firm or corporation.
C. 
Assessment of costs. In all cases where any brush, hedges, weeds or other plant life is removed from any land under the provisions of this article by or under the direction of the designated officer of the village, such officer shall certify the costs thereof to the Village Clerk, who shall examine the certificate and each item thereon, and, if approved by the Village Clerk, costs as shown and approved shall thereupon be charged against the lands upon which such conditions shall have existed, and the amount so charged shall forthwith become a lien upon said lands and shall be added to and form a part of the taxes next to be assessed and levied upon such land and shall bear interest at the same rate as all other taxes and shall be collected and enforced by the same officer and in the same manner as other taxes.
D. 
Penalties for offenses.
[Amended 9-23-2008 by L.L. No. 1-2008]
(1) 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of:
(a) 
First offense: up to $250 and/or up to 15 days in jail.
(b) 
Second offense for the same violation within two-year period: minimum fine of $100 and up to $350 and/or up to 15 days in jail.
(c) 
Third offense for the same violation within two-year period: minimum fine of $200 and up to $700 and/or up to 15 days in jail.
(d) 
Fourth offense for the same violation within two-year period: minimum fine of $300 and up to $1,000 and/or up to 15 days in jail.
(2) 
Subsequent violations. If a period of two or more years has passed since the defendant's last conviction for violating provisions of this article, a subsequent conviction will be subject to a first offense fine.