[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 9-2-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Yard Maintenance
Law of the Village of Wolcott."
It is the purpose of this chapter to promote the public health,
safety and general welfare, and to maintain property within the Village
of Wolcott in a safe, healthy, and aesthetically pleasing manner.
The following words, phrases, and terms shall have the following
meanings:
Motor vehicles, truck bodies, tractors, or trailers in such
a state of physical or mechanical ruin as to be incapable of propulsion
or of being operated upon the public streets or highways.
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, tools,
discarded building materials, discarded furniture, or any other unsightly
debris, the accumulation of which has an adverse effect upon neighborhood
or Village property values, health, safety, or general welfare.
As defined in § 125 of the New York State Vehicle
and Traffic Law; unlicensed motor vehicles, truck bodies, tractors
or trailers; motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
Grass, brush, rubbish, or weeds of a nature which are a fire
or health hazard, including lawns in excess of six inches in height.
Any person, firm, partnership, association, corporation,
company, or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
A.
Restricted. No person shall accumulate, store, or allow any disassembled,
inoperable, junked or wrecked motor vehicles, truck bodies, tractors
or trailers in the open upon any public or private property within
the Village for a period exceeding 72 hours.
B.
Exceptions. Any business engaged in automotive sales or repair, located
in a properly zoned district, may retain no more than three disassembled
or wrecked vehicles in the open for a period of not to exceed 30 days,
after which such vehicles shall be removed. Also excepted shall be
properly zoned, permitted and licensed junkyards established pursuant
to § 136 of the General Municipal Law.[1]
A.
Restricted. No person shall accumulate, store, or allow more than
one unlicensed motor vehicle, truck body, tractor or trailer in the
open upon any public or private property within the Village for a
period exceeding 72 hours.
B.
Exceptions: any business engaged in the sale, repair, or storage
of such unlicensed vehicles.
No person shall maintain, plant, or permit to remain on any
private property any noxious weeds or growth.
Complaints concerning any violation of this chapter shall be
made in writing, sworn to by the complainant, and filed with the Building
Inspector for the Village of Wolcott, who shall immediately cause
an investigation to be made with respect thereto and the written report
of such investigation filed with the Clerk of the Village.
A.
If, after such investigation, it appears that there is a reasonable
basis to believe that any of the provisions of this chapter have been
violated, the Building Inspector shall immediately cause a notice
in writing to be served upon the owner or occupant of the property.
Such notice shall set forth the nature of the complaint and shall
direct the owner or occupant to remove said noxious weeds and growth,
junk, or motor vehicles.
B.
The notice required under this chapter shall be served upon the owner,
his executors, legal representatives, agent, lessee, or any other
person having a vested or contingent interest in such premises as
shown by the records of the Town Assessor or of the Wayne County Clerk.
Service shall be made either personally or by registered or certified
mail, addressed to the last known address, if any, of the owner, his
executors, legal representative, agent, lessee, or other person having
a vested or contingent interest in such premises as aforesaid identified.
If service is made by registered or certified mail, a copy of the
notice shall be posted on the premises.
C.
The notice shall be in substantially the following form:
|
To the owner, occupant or person having charge of land known
on the Assessment Roll of the Village of Wolcott as vacant lot(s)
located on the __________ side of the ______________ Street or Avenue;
or house and lot number ____________ located on the side of ___________________
Street or Avenue.
| |||
|
Notice is hereby given that you have failed to cut the grass or weeds or to remove junk or refuse, or unlicensed or inoperable motor vehicle(s) pursuant to Chapter 115 of the Code of the Village of Wolcott. Said grass or weeds must be cut and any junk or refuse or unlicensed or inoperable motor vehicle(s) removed within 10 days from the date of this notice.
| |||
|
In case you fail or refuse to comply with this notice on or
before the expiration of said 10 days from the date of this notice,
the Village of Wolcott, acting through its duly authorized agents,
servants, officers and employees, will enter upon your land and cut
said grass or weeds or remove said junk or refuse or unlicensed or
inoperable motor vehicle(s). The expense incurred by the Village will
be assessed against the above-described land, and shall constitute
a lien thereon, and shall be added to the real property tax levied
against the property and collected as provided by law.
| |||
|
Dated:
|
Code Enforcement Officer
| ||
Any person feeling aggrieved by any such action or notice may,
within three days after the receipt of such notice, demand the matter
be inquired into by the Village Board. Such demand must be in writing,
signed by the person seeking such inquiry, and filed with the Village
Clerk. Within a reasonable time, the Village Board shall schedule
a date, time, and place for a hearing before the Village Board in
which the aggrieved person may address the Village Board. Such hearing
shall be scheduled not less than five business days from the date
of service of the notice.
In the event of the refusal or neglect of the person so notified
to comply with said order of the Village Board and after the hearing,
the Village Board shall provide for the removal of the junk, motor
vehicle, or noxious weeds and growth, as the case may be, either by
Village employees or by contract, and the total cost thereof shall
be assessed upon the real property upon which the motor vehicle, junk,
or noxious weeds and growth are found, and shall constitute a lien
and charge upon the real property on which it is levied, 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 real property taxes.
