[HISTORY: Adopted by the Town Board of the Town of Stafford 11-11-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law of the Town of Stafford."
The Town Board of the Town of Stafford enacts this chapter under the authority granted by:
Article IX of the New York State Constitution, § 2(c)(6) and (10).
New York State Municipal Home Rule Law, § 10 Subdivision 1(i) and (ii) and Subdivision 1(a)(6), (11) (12), and (14).
New York State Town Law § 64 Subdivision 5-a, Removal of fire and health hazards and weeds.
New York State Town Law § 130 Subdivision 15, Promotion of public welfare.
All owners of land within the Town of Stafford are required to cut, trim or remove from the land owned by them brush, grass, rubbish, or weeds, or to spray poisonous shrubs or weeds on such land; as well as to comply with the following sections of the New York State Property Maintenance Code: 301.1, 301.2, 301.3, 302.1, 302.4, 302.5, 307.1 and 307.1.1. These provisions include the obligation of all owners of land within the Town of Stafford to keep the grass and weeds of any parcels properly cut and mowed to a height not to exceed 10 inches.
In the event that any property owner within the Town of Stafford fails to comply with the provisions set forth in § 139-3 herein and/or any of the cited sections of the New York State Property and Maintenance Code, the Code Enforcement Officer shall serve a notice of the same in the following manner.
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee or any person having a vested or contingent interest in said property as shown by the records of the Town Clerk or of the Genesee County Clerk; or, if no such person can be reasonably found, by mailing such owner by certified mail, return receipt requested, a copy of such notice directed to his/her last known address as shown by the above records; or
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found, and by securely fixing a copy of such notice upon any residence or other structure located on the property.
The notice shall contain the following:
A description of the condition of the property needing remediation with citations to the sections of the New York State Property and Maintenance Code, if applicable.
An order outlining the manner in which the property is to be made compliant with this chapter and/or the applicable sections of the New York State Property and Maintenance Code within 10 days of the notice date.
A statement that in the event of neglect or refusal to comply with the order within the time set forth therein, the Town of Stafford is authorized to cause compliance as required in the order, and the total expense of remediation may be assessed by the Town Board upon the cited real property, and the expense so assessed will constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Town of Stafford charges.
In the event of neglect or failure of any owner to comply with the order of the Code Enforcement Officer within the time fixed for compliance therewith, the Town may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed, and/or such poisonous shrubs or weeds to be sprayed by the Town, and/or cause compliance with the applicable sections of the New York State Property and Maintenance Code cited in such order. The total expense for such remediation and/or complies may be assessed by the Town Board upon the real property which was subject to the order, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Town of Stafford charges.
The provisions of this chapter shall not apply within the property lines of any lands or highway easements owned by another municipal corporation or political subdivision of New York State.