[HISTORY: Adopted by the Town Board of the Town of Sullivan 12-17-2014 by L.L. No. 12-2014. Amendments noted where applicable.]
This chapter is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10.
It is hereby declared to be the policy of the Town Board of the Town of Sullivan to provide for the proper use of land to prevent unhealthful, hazardous or dangerous conditions due to accumulations of brush, grass, weeds, garbage, rubbish or other like matter. By this chapter, the Town Board seeks to remove such dangers to health, life and property by requiring owners of land to cut, trim or remove brush, grass, weeds or other like matter and to keep real property free from garbage and rubbish, upon default, to cause the same to be done and assess the cost against the real properties on which such brush, grass, weeds, garbage, rubbish or other like matter is found.
As used in this chapter, the following terms shall have the meanings indicated:
- Uncultivated woody shrubs and immature trees.
- Any animal or vegetable refuse or waste matter resulting from the handling, preparation, cooking and consumption of food.
- Herbaceous ornamental plants intended to be periodically cut close to the ground for establishment of a lawn or ground covering. Grass may also be used for ground covering for the establishment of drainage swales, flood routes or water detention basins.
- NATURAL OPEN SPACE/PRESERVED AREA
- That area of a parcel of land intended to remain in a preserved, natural and undeveloped state. However, natural open space and preservation areas shall not include the front, side and year yards of a lot or land within 100 feet of a residential, commercial or farm related structure/building.
- Includes an individual or individuals, society, club, firm, partnership, corporation or any other association of persons or entity of any kind.
- Useless, worthless, unwanted or discarded matter or objects, including (but not limited to) the following examples:
- A. Junk, trash, debris, building materials, or any other deleterious materials;
- B. Any abandoned, discarded or unused objects or equipment, such as, but not limited to, automobile parts, furniture, stoves, refrigerators, freezers, appliances, cans, containers or vehicle tires;
- C. Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease carrying pests, animals or insects;
- D. Any unsanitary matter or materials;
- E. Solid waste and garbage;
- F. Accumulations of tree trimmings, brush, or shrubbery trimmings, grass clippings, trees, brush or shrubbery or portions thereof severed from their roots or uprooted trees brush or shrubbery.
- Wild, useless and generally undesirable plants growing wild at random and inappropriate locations, including growing on cultivated ground to the exclusion or injury of grass or a desired agricultural crop.
It shall be a violation of this chapter for the owner of any real property in the Town of Sullivan to permit, maintain, deposit, keep, accumulate or scatter garbage and rubbish on his or her lands.
It shall be a violation of this chapter for the owner of any real property to permit, maintain or accumulate on any such lot or land any growth of brush, grass, weeds, or other like vegetative matter in excess of 10 inches (254 millimeters).
Whenever the Code Enforcement Officer shall find a violation of § 192-4 above, said Code Enforcement Officer shall give notice to remedy such alleged violation to the owner, its agent or person or persons responsible therefor, as hereinafter provided.
Any person, being the owner of real property in the Town, shall be required to remedy violations of this chapter upon his or her lands when directed to do so by notification of the Code Enforcement Officer.
The provisions of this chapter relating to the growth and abatement of brush, grass, weeds and other matter shall not apply to the following:
Natural open space or preservation areas.
Any lands or highway easements owned by another municipal corporation or political subdivision of the State of New York.
In addition to the above, on any lot of more than one acre, compliance with the provisions of this chapter shall be required for an area 30 feet in depth measured along all property lines that abut a public right-of-way.
Whenever the Code Enforcement Officer shall issue a notice requiring the owner of land within the Town to cut, trim or remove brush, grass, weeds or other like vegetative matter upon his or her lands or to remove garbage or rubbish from his or her lands, such notice shall be in writing, shall include a statement of the reasons why it is being issued and shall be served upon the owner or occupant of the premises or the agent of either of them. Notice shall be deemed to be properly served if a copy thereof is served upon the owner or occupant personally and is sent by certified or registered mail to the last known address of the owner, as listed and maintained in the tax records of the Town, or is posted in a conspicuous place in or about the premises affected by the notice. Such notice shall specify that within five days from the receipt of notice, the owner or its agent must have either undertaken such necessary corrective action so as to abate the violation or have submitted a written request to the Code Enforcement Officer for a hearing before the Town Board. At the expiration of the five-day period, the notice shall be deemed an order to cease and desist from and to abate the described violation. Such notice shall contain an outline of the remedial action, which, if taken, will effect compliance with the provisions of this chapter.
Whenever a notice referred to in § 192-8 of this chapter hereof has been served upon the owner, occupant or agent of a lot or parcel of land to abate a violation of this chapter and such owner shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Code Enforcement Officer may cause the work to be done and pay the cost thereof.
The Town shall be reimbursed for the cost of work performed or services rendered by direction of the Code Enforcement Officer as provided in § 192-9 of this chapter, by assessment and levy upon the lots or parcels of land whereon such work was performed or services rendered of the actual and complete cost of such work, whether such work shall have been done by employees of the Town or others, which charges shall be assessed and collected in the same manner and at the same time as provided by law for the collection of delinquent taxes.
Whenever the Code Enforcement Officer shall determine that an emergency exists which requires immediate attention to protect the public health or safety, the Code Enforcement Officer may, without notice or hearing, issue an order to the owner or occupant, or the agent of either, reciting the existence of such an emergency and requiring that such action be taken as the Code Enforcement Office deems necessary to abate the emergency. Any person to whom an order is directed must comply therewith immediately but, upon written petition, may be afforded a hearing by the Town Board. After the hearing, the Code Enforcement Officer must continue the order or modify or withdraw it.
Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 and, upon conviction of a subsequent offense, punishable by a fine not exceeding $1,000. If the violation is of a continuing nature, each day of violation of any provision of this chapter shall constitute an additional, separate and distinct offense.