[HISTORY: Adopted by the Board of Trustees of the Village of Penn
Yan at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer or his duly authorized representative.
- PERSONS
- 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.
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 Penn Yan 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 the middle of the alley or for 10 feet outside of such property line if
there is no curb any growth of weeds, grass or other rank vegetation to a
height greater than 10 inches on the average or any accumulation of dead grass,
weeds or brush. It shall also be unlawful for any such 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 ivy, ragweed or other poisonous weed shall extend upon, overhang
or border any public place.
It shall be the duty of any owner, lessee or occupant of any such lot or plot of land in the Village of Penn Yan 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 § 56-2, provided that cutting and removing such weeds, grass or vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be a compliance with this chapter.
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 Penn Yan, New York, except at such place as designated
or provided by the Board of Trustees of the Village of Penn Yan, New York,
any waste, leaves, brush, hay, weeds, straw, litter, wastepaper, boxes or
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.
If the provisions of the foregoing sections are not complied with, the
Code 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 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, vegetables or
rubbish within five days after receipt of such notice or if no person can
be found in the Village of Penn Yan who either is or claims to be the owner
of such lot or land or who either represents or claims to represent such owner,
the Code Enforcement Officer may, following approval of the Board of Trustees,
cause such weeds, grass, vegetation or rubbish on such land to be removed,
and the actual cost of such removal, plus 10% for inspection and other additional
costs in connection therewith, shall be certified by the Code Enforcement
Officer as to the property on which such weeds, grass, vegetation or rubbish
were located and shall be added to and become and form part of the taxes next
to be assessed and levied upon such lot or 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.
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 less than $25, up to the maximum
penalty of $250 or by imprisonment for not more than 15 days, or both. Each
day of continued violation shall constitute a separate additional violation.
