[HISTORY: Adopted by the Town Board of the Town of Clarence
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-23-2009 by L.L. No. 3-2009]
This article is intended to enhance the physical and visual
environment of the Town of Clarence and to preserve and promote the
safety, health and well-being of persons and property in the Town
of Clarence. In order to meet this objective, this article is designed
to prohibit and to otherwise regulate the excessive growth of grass,
weeds and plant growth consistent with other laws of the Town of Clarence
and the Constitution of the State of New York.
As used in this article, the following terms shall have the
meanings indicated. All other terms have the meanings ascribed to
them in regular usage.
All grasses, annual plants, trees or vegetation that is harmful
to the public welfare, including stumps and roots. The term "grass,
weeds and plant growth" shall not include cultivated flowers, healthy
trees, shrubs or gardens.
Plant growth identified by the New York State Department
of Environmental Conservation and the United States Department of
Agriculture as potentially dangerous to the public welfare, or such
plant growth that is an unattractive public nuisance or grows in an
undesirable location.
Any person, agent, operator, legal representative firm or
corporation 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 the real property by a court.
This article shall apply to every owner of any parcel of real
property located in the Town of Clarence.
A.
Every owner of any parcel of real property located in the Town of
Clarence shall cut, trim or otherwise remove or cause to be cut or
trimmed or otherwise removed all grass, weeds or plant growth in excess
of 10 inches (254 mm). It shall be the duty of any owner of any parcel
of real property in the Town of Clarence to prevent the growth of
grass, weeds, plant growth accumulation or debris thereon as shall
constitute a health hazard, fire hazard, safety or traffic hazard
or public nuisance.
B.
Exceptions:
(1)
Farmland, vacant lots containing no structures, undeveloped portions
of land, designated open space areas, wetlands, conservation easement
areas and any other area intended to be maintained in a natural state.
(2)
Rights-of way, lands or highway easements owned by another municipal
corporation or political subdivision of the state or county.
Noxious weeds shall be prohibited on any parcel of real property
in the Town of Clarence.
The Code Enforcement Officer is hereby charged with the responsibility
and duty to enforce this article.
A.
In the event that the Code Enforcement Officer determines that the
provisions of this article are being violated by an owner of any parcel
of real property in the Town of Clarence, the Code Enforcement Officer
shall serve written notice of such violation on the owner of the parcel
of real property in question. The identity of the owner of the parcel
of real property in question shall be determined by the record owner
designated in the most recent assessment rolls on file in the Town
of Clarence Assessor's office.
B.
Written notice may be given by registered mail addressed to the owner
at the address provided on the assessment roll of the parcel of real
property in question, together with posting at the parcel of real
property in question, or by personal delivery of notice, in person,
to the owner. Service shall be deemed complete upon the deposit of
the registered mailing in a postpaid envelope and the posting at the
real property in question or, if by personal delivery, upon the delivery
of notice, in person, to the owner of the parcel of real property.
C.
Such notice shall specify the violation(s) as determined by the Code
Enforcement Officer and shall direct the owner of the parcel of real
property in question to remedy the violation(s) and bring the parcel
of real property into compliance with the provisions of this article
within 10 calendar days of service of notice.
An owner of any parcel of real property upon whom notice has
been served to cut, trim or remove such grass, weeds or plant growth
and who, for 10 calendar days after service of notice, shall neglect
or fail to comply with the provisions of any such notice shall be
deemed to be in violation of this article.
A.
If, after the expiration of 10 calendar days from the date of service of notice as provided in § 155-7 above, the owner shall fail to comply with the requirements of § 155-4 above, the Code Enforcement Officer, his or her designee or any contractor hired by the Town of Clarence shall have the power to enter upon the parcel of real property in violation to cut, trim or remove such grass, weeds and plant growth which are determined to have violated the provisions of this article. The expense incurred to cut, trim or remove such grass, weeds and plant growth shall be the responsibility of the owner of the parcel of real property in question and shall be paid by such owner within 30 calendar days of the mailing to such owner by the Code Enforcement Officer of a statement detailing the expense for the same. In the event the owner fails to pay said expense within 30 calendar days, the expense thereof shall become a lien upon the parcel of real property in question and shall be added to and become part of the taxes next so assessed by including such expense in the next annual tax levy against the parcel of real property in question and shall bear interest at the same rate as taxes and shall be collected in the same manner as general Town taxes.
B.
The cost for removal by the Town shall be as follows:
(1)
The cost of labor, machinery and materials of the Town or the cost
of services of an independent contractor. In addition, a surcharge
of 25% of the above cost or $150, whatever is greater, to reimburse
the Town for the cost of supervision and administration.
(2)
The above said cost and surcharge shall be levied upon the property
or premises which are the subject of the enforcement action and shall
be collected in the same manner as Town taxes and assessments.
Any person who shall violate a provision of this article or
fail to comply therewith or with any of the requirements thereof shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense. Any person committing an offense against
this article or any section or provision hereof is guilty of a violation
punishable by a fine not exceeding $250 or by imprisonment for a period
not exceeding 15 days for each such offense, or by both such fine
and imprisonment.
