[HISTORY: Adopted by the Town Board of the Town of Greenport 9-7-2016 by L.L. No. 5-2016. Amendments noted where applicable.]
The following terms, as used in this chapter, shall have the
meanings indicated:
The Code Enforcement Officer of the Town of Greenport or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
Notice as provided under § 95-4 of this chapter.
Any individual, firm, company, association, society, corporation
or group.
The person to whom the real property tax records of the Town
lists as receiving real property tax bills, the agent of such owner,
any person with an ownership or leasehold interest in the real property,
and/or any person in possession of the real property.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials, and similar materials.
The Town of Greenport, Columbia County, New York.
The Town Board of the Town of Greenport, Columbia County,
New York.
All grasses, annual plants and vegetation, other than trees
or shrubs.
All property owners shall maintain their properties within the
Town, including improved real property and vacant property, free from
1) rubbish and 2) weeds or plant growth in excess of 10 inches. Property
owners shall cut, trim, and/or remove rubbish, weeds, and plant growth
and eliminate any fire or health hazards identified by the Code Enforcement
Officer. This section shall not apply to cultivated flowers and gardens.
All poisonous shrubs or weeds shall be prohibited. Property
owners shall spray and remove poisonous shrubs or weeds known to them
or identified by the Code Enforcement Officer on their properties.
A.
Notice to remove. The Code Enforcement Officer or his duly designated
agent is authorized and empowered to notify the property owner in
writing to remove, remedy, or abate the condition in violation of
this chapter within 15 days of mailing of such written notice. Such
period may be extended for good cause shown provided remedial measures
have begun within the fifteen-day period and it is demonstrated that
the delay is not under the control or due to the actions of the property
owner.
B.
The notice to remove shall contain the following:
(1)
A description of the property;
(3)
A description of the manner in which the property is to be remediated,
abated, or restored; and
(4)
A statement that, in the event of neglect or refusal to comply with
the notice to remove, the Town Board is authorized to provide for
such removal, remediation, or abatement and to assess all expenses
thereon against the property on which the condition in violation of
this chapter was found.
C.
Service of notice. The notice to remove shall be served either personally
or by registered mail, return receipt requested, and regular mail
addressed to the last known address, if any, of the property owner
as shown by the records of the Town Assessor and/or Receiver of Taxes.
If such service is by mail, a copy of said notice shall be posted
on the property. Service shall be complete on the date of personal
delivery or date of mailing.
A property owner served with a notice to remove shall have 15
days from such service to remediate, abate, or restore the property
in compliance with the notice to remove.
A.
Action upon noncompliance. In the event of the refusal or neglect
of a property owner to comply with a notice to remove, or if the mailing
is returned by the Post Office because of the inability to make delivery
for any reason, as long as the notice was properly addressed, the
Town is hereby authorized and empowered to enter the property, to
cut, trim, and/or remove rubbish, weeds, and plant growth and spray
and remove poisonous shrubs and weeds and dispose of same.
B.
Liability for costs of removal; notice of costs. The property owner
shall be liable for all costs incurred by the Town in remediating,
abating, and/or restoring the property and all expenses incidental
thereto, including but not limited to, an administrative fee equal
to 10% of the total cost of said removal, abatement, remediation and/or
disposal process. Said administrative fee is intended to reimburse
the Town for the monies and time expended by Town officials and employees
in abating the condition prohibited by this chapter and collecting
the sums due, including but not limited to, notifying the appropriate
party, certifying the sums due, and charging same against the property.
The Code Enforcement Officer shall certify such costs and expenses
and shall mail written notice of the sums due by registered mail,
return receipt requested, and regular mail addressed to the last known
address, if any, of the property owner as shown by the records of
the Town Assessor and/or Receiver of Taxes. Said notice shall state
that upon the failure of the property owner to pay such sums within
10 days of the date of the notice shall be sufficient cause to add
the amount due to the tax bill without further notice.
C.
Recovery of costs; tax lien. If such costs and expenses are not paid
within said fifteen-day period, or if the mailing is returned by the
Post Office because of the inability to make delivery for any reason,
as long as the notice was properly addressed, such costs and expenses
shall be assessed against the property on which the condition in violation
of this chapter was found. The amount 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 taxes and charges.
A.
Criminal prosecution. A violation of this chapter may be prosecuted
in the local justice court as a criminal offense. A person found to
be in violation of any provision of this chapter shall upon conviction
be subject to a fine of not more than $1,000 for the first offense
or imprisonment for up to 15 days, or both. All subsequent violations
shall be punishable by a fine of not more than $2,000 or imprisonment
for not more than 15 days, or both. Each week that a violation continues
shall constitute a separate and distinct violation.
B.
Civil remedies. In the event a property owner fails or refuses to
correct a violation under this chapter, the Town may commence a civil
action, request injunctive relief against the violation, and seek
money damages to compensate the Town for the costs it has and will
incur because of the violation including reasonable attorney's
fees expended by the Town.
C.
Other remedies. The application of the above penalty or penalties
or the prosecution for the violation of the provisions of this chapter
shall be cumulative and shall not prevent the enforced removal of
the conditions prohibited by this chapter.
