[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:
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[1]]
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.
All grasses, annual plants and vegetation other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.[2]
[Amended 4-11-2000 by L.L. No. 2-2000[1]]
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]
A.Â
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.
B.Â
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.
