[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 2-27-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
This chapter shall be known as the "Brush, Grass and Weeds Removal
Local Law of the Village of Medina, New York."
The purpose of this chapter is to promote the public health
and safety by the removal of fire and health hazards by requiring
the owners of land to cut, trim or remove brush, grass or weeds.
As used in this chapter, the following terms shall have the
meanings indicated:
A thick growth of small trees and shrubs.
Any of various green plants typically with long narrow leaves
that grow densely and are cultivated for lawns.
Any undesired, uncultivated plant growing so as to crowd
out a desired crop or growth or to disfigure a lawn.
Every owner of land within the Village of Medina shall cut,
trim or remove brush, grass or weeds of a height of 10 inches or more
from premises owned by him or her to a depth of at least 150 feet
from any adjoining street right-of-way and 150 feet from adjoining
developed property lines; and upon default the Village of Medina may
cause such brush, grass, weeds or other material to be cut, trimmed
or removed by said Village, and the total cost thereof shall be assessed
upon the real property on which such brush, grass or weeds are found.
A.
The cost of cutting, trimming or removing such brush, grass or weeds
shall constitute a lien and charge upon the real property involved
until paid or otherwise satisfied or discharged and shall be collected
by the Village Treasurer in the manner provided by law for the collection
of taxes.
B.
The Village Board of Trustees shall, from time to time, establish
by resolution the method, rates and other particulars by which such
cost shall be determined and calculated, and such Board may also establish
a minimum cost for each occasion where such brush, grass or weeds
are cut, trimmed or removed.
Before the Village of Medina shall remove, cut or trim such
brush, grass or weeds and assess the costs thereof upon the real property
upon which such brush, grass or weeds are found, notice shall be given
to the owner thereof by either personal service or by mail addressed
to the last known owner at his or her last known address as shown
on the tax rolls of the Village. Such service shall be sufficient
for all purposes. Such service shall set forth the violations and
direct compliance within five days from the date of such notice. All
such notices shall be signed and issued by the Village Code Enforcement
Officer. If there is a failure of compliance within said five-day
period, the Village may then cause the removal, trimming or cutting
and assess the cost as hereinabove provided.
The provisions of this chapter shall not apply to cultivated
crops, cultivated shrubs, cultivated trees or other landscaping and
also shall not apply to weeds or grass that are intermingled with
growing cultivated crops until such time as said crops are harvested
or should have been harvested.
A.
Any person who shall commit an offense against or violate any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of this State of New York and shall be punishable
by a fine of not less than $125 and not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.[1]
B.
In addition to the above penalties, the Village of Medina may cause
appropriate legal proceedings to be commenced to levy and assess a
civil penalty against any person who violates any provision of this
chapter, such civil penalty to be in an amount not less than $125
and not to exceed $250 for each violation. The Village Attorney is
authorized to institute the necessary proceedings to levy and collect
any such civil penalty.[2]
C.
Each day a violation continues after notice of violation shall constitute a separate violation of this chapter. No additional notices shall be required for continuing violations, and an additional fine may be imposed and/or an additional penalty may be assessed against the owner of said premises for each day the violation exists. Penalties may be collected in the same manner as provided for in § 76-5 of this chapter.
The Department of Code Enforcement of the Village of Medina
and the Code Enforcement Officer of the Village of Medina are hereby
authorized and charged with the duty of enforcing this chapter, and
the Code Enforcement Officer shall be and hereby is authorized to
issue appearance tickets pursuant to the Criminal Procedure Law for
any violations of this chapter.
