[HISTORY: Adopted by the Board of Trustees of the Village of Walden 3-13-1973 as Art. XI of Ch. VII of the Walden Village Code (Ch. 58 of the 1982 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The individual(s) employed by the Village of Walden and designated
by the Village Manager to enforce the provisions of this chapter.[Added 4-11-2000 by L.L. No. 2-2000]
- 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.
[Amended 4-11-2000 by L.L. No. 2-2000]
It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied or unoccupied building lot or plot of land or any part thereof in any developed section of the Village of Walden, to permit or maintain on any such lot or plot of land or on or along the sidewalk, street or alley adjacent to the same, between the property line and the curb or middle of the alley or for 10 feet outside of such property line if there be no curb, any growth of weeds or grass to a height greater than five inches or any accumulation of dead grass, weeds or brush. It shall also be unlawful for any person to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or plot of land in such manner that any part of such poison ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place. All noxious weeds shall be prohibited.
[Amended 4-11-2000 by L.L. No. 2-2000]
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Walden to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 105-2.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit, or cause or permit to run, drop or remain or to be thrown, cast or deposited, in or upon any vacant lot of land or vacant place upon the surface of any lot of land, enclosed or otherwise, within the Village of Walden, New York, except at such place or places as designated or provided by the Board of Trustees of the Village of Walden, New York, any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes, shavings or any filthy, combustible or flammable materials, rubbish, garbage or dirt whereby a fire hazard, danger or risk is or may be engendered or injuriously effected or whereby the premises of another or the enjoyment of the premises of another are or may be injured, damaged, interfered with or prejudiced. Nothing in this section shall be construed as to prohibit the depositing of manure upon any private property for the cultivation of the same.
[Amended 12-14-1982 by L.L. No. 6-1982; 4-11-2000 by L.L. No. 2-2000]
If the provisions of the foregoing sections are not complied with, the enforcement officer shall serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care or control of any such lot or plot of land, to comply with the provisions of this chapter. If the person upon whom the notice is served fails, neglects or refuses to cut, remove or cause to be cut and removed such weeds, grass, vegetation or rubbish within five days' service or mailing of such notice, or if no person can be found in the Village of Walden who either is or claims to be the owner of such lot or plot of land or who either represents or claims to represent such owner, the enforcement officer shall cause such weeds, grass, vegetation or rubbish on such land to be removed, and the actual cost of such removal, plus 5% for inspection and any other additional costs in connection therewith, shall be certified by the enforcement officer as to the property on which such weeds, grass, vegetation or rubbish were located and shall be billed to the owner thereof.
Any owner aggrieved by a decision of the enforcement officer shall have the opportunity to file a written request with the Village Clerk within five days of receipt of the bill for review by the Board of Trustees. Such request shall state the party's name, address, premises in question, determination being reviewed, sections of this chapter involved, relief requested and reasons therefor. The Board of Trustees shall conduct such hearing at its Board meeting following receipt of such request, provided that said request is received at least five days prior to the Board meeting. In the event that the request is filed within five days of the Board of Trustees' meeting, then such hearing shall be held at the Board's second meeting following receipt of the request. The owner shall be given at least five days' prior notice of the date, time and place of the hearing and may appear in person or by a duly authorized representative. The Board of Trustees shall have the power to affirm, modify or overrule the decision of the enforcement officer and shall render its decision within 14 days of the hearing. In the event that the Board of Trustees affirms the validity of the bill after the hearing or, if the owner does not contest the bill within the five-day time frame, then any costs remaining unpaid shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or plot of land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 12-14-1982 by L.L. No. 6-1982]
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.