Village of Springville, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Springville 3-5-1990 by L.L. No. 4-1990 (Ch. 50 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 118.
Solid waste — See Ch. 145.
Obstructing view at intersections — See Ch. 150, Art. IV.
Tree replacement — See Ch. 170, Art. I.
A. 
Owners shall maintain residential, industrial and/or commercial properties in conformity with the provisions of this chapter so as to assure the desirable residential, commercial and/or industrial character of the property.
B. 
No owner of any real property located within the Village of Springville shall allow such real property to become overgrown with weeds, grass, brush, trees, vegetation and/or plants in violation of the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
OWNER
The person(s) appearing as owner upon the most recent real estate tax roll found in the village office. Each of the members of a firm shall be held responsible and punishable for any violation by the firm of the provisions of this chapter.
PERSON
Includes an individual, firm, partnership, corporation, municipality or any number or combination of the same.
A. 
It shall be the duty of every owner of any real property located within the Village of Springville to keep said real property free of harmful weeds, rank or noxious vegetation, heavy undergrowths and/or accumulations of noxious, detrimental or unsightly plant growth, brush, high grass, dead plants, weeds, grass, brush or trees or uncultivated plants, weeds, grass, brush or trees.
B. 
It shall be the duty of every owner of any real property located within the Village of Springville to cut, trim and remove any harmful weeds, rank or noxious vegetation, heavy undergrowths and/or accumulations of noxious, detrimental or unsightly plant growth or brush, high grass, dead plants, weeds, grass, brush or trees or uncultivated plants, weeds, grass, brush or trees from such real property.
A. 
Grass.
(1) 
The owner of any real property located within the Village of Springville shall not permit weeds or grass over 10 inches in height to grow, exist or stand on such property. Therefore, the owner must cut, trim or remove those weeds or grasses which grow, exist or stand in excess of 10 inches in height on that portion of the owner's property which comprises its full width along any public street, road or highway, including a public turnaround area, to a depth of 100 feet or along any portion of a lot abutting a village right-of-way for 50 feet on each side of the right-of-way depth to a depth of 50 feet or such greater depth as is specified in Chapter 200, Zoning, of the Village Code as being the minimum lot depth for a building lot for the zoning district in which the property is located. Failure to comply with this provision constitutes a violation of this provision, and said owner is subject to the penalties stated in § 70-12 and additionally may be charged and assessed in accordance with §§ 70-6 through 70-9.
[Amended 12-1-1997 by L.L. No. 6-1997]
(2) 
In the case where an owner's property abuts the stub end of any public street, road or highway, the owner shall also cut, trim or remove all such weeds or grasses in excess of 10 inches in height within a distance of 50 feet from all points on such stub end.
(3) 
Properties that are known by the Village Administrator or designee to be abandoned and vacant at the beginning of April will have their lawns mowed by a contractor selected by the Village Board through its annual bid process. The lawns will be mowed every two weeks through the growing season. The cost will be relevied onto the parcel’s Village tax if the total amount is not paid to the Village by October 1.
[Added 4-4-2016 by L.L. No. 2-2016]
B. 
Brush and bushes at property lines. The owner of any real property located within the Village of Springville shall not cause or permit the owner's brush or bushes to detrimentally affect the real property or its use or enjoyment of another. Therefore, such owner must cut, trim or remove that part of any brush or bush which grows upon, hangs over on or otherwise injures, harms or detrimentally affects an adjoining parcel of real property or its use or enjoyment without the consent of the owner of such adjoining property. Failure to comply with this provision constitutes a violation of this provision, and said owner is subject to the penalties stated in § 70-12 and additionally may be charged and assessed in accordance with §§ 70-6 through 70-9.
No owner or occupant of any real property in the Village of Springville shall plant, place, grow, build or erect or permit another to plant, place, grow, build or erect any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure which shall obstruct or interfere with the use of streets, sidewalks, pathways or other vehicular or pedestrian passages along any public street or thoroughfare or intersection of the same within the Village of Springville. Therefore, all shrubs, bushes, plants, trees, flowers or other vegetation, fences, walls, hedges or other structures shall be built, trimmed, cut, altered or modified in a manner which shall not obstruct or interfere with the use of streets, sidewalks, pathways or other vehicular or pedestrian passages along public streets or thoroughfares or intersections of the same within the Village of Springville. Failure to comply with this provision shall constitute a violation of this provision, and said owner or occupant is subject to the penalties as stated in § 70-12, and additionally, the owner may be charged and assessed in accordance with §§ 70-6 through 70-9.[2]
[1]
Editor's Note: See also §§ 150-26 and 200-18.
[2]
Editor's Note: Former § 50-6, Planting of trees, which immediately followed this section, was deleted 12-1-1997 by L.L. No. 6-1997. See now Ch. 170, Trees, Art. I.
[Amended 10-16-2006 by L.L. No. 5-2006]
After it has been determined by the Code Enforcement Officer or his qualified designee that a violation exists under or within the meaning of any provision(s) of this chapter, the Village Clerk or the Code Enforcement Officer or his qualified designee shall give notice to the owner and, if the owner is not an occupant of the property, to any adult occupant of such property that such violation exists by giving to such owner and occupant a written notice, either by personal service or by certified mail, directed to the occupant at the subject property and to the owner at the address as appears on the most recent village tax roll. Such notice shall contain the specific provisions of this chapter that have been violated and shall include a copy of this entire Chapter 70. Such notice shall direct that said owner shall cut, trim or remove the subject matter which underlies the violation within seven days of the service or mailing of the notice.
Any owner upon whom notice has been so given to cut, trim or remove the subject matter which underlies the violation shall have seven days to cut, trim and/or remove the subject matter underlying the violation, and failure, neglect or refusal to comply within the seven-day time period shall constitute a violation of those provisions of this chapter named in the notice so served.
[Amended 8-20-2007 by L.L. No. 3-2007]
The Village of Springville Code Enforcement Officer or his qualified designee shall forthwith report, in writing, any noncompliance under § 70-7 to the Village of Springville Administrator or his qualified designee.
[Amended 8-20-2007 by L.L. No. 3-2007]
Upon the report, outlined in § 70-8, of the failure, neglect and/or refusal of the owner to comply with the provisions of this chapter within seven days after the notice has been served or mailed, the Village of Springville Administrator or his qualified designee of the Village of Springville may cause to be performed or contract with another to be performed the cutting, trimming and/or removing of the subject matter underlying the violation. The expenses involved in cutting, trimming and/or removing the subject matter underlying the violation shall be determined by the Village of Springville Treasurer and shall be charged and assessed to the owner of the property so affected. Such expenses shall include a service charge of 50% of the actual expenses of cutting, trimming and/or removing to cover the costs of supervision, inspection, administration and other expenses in connection therewith and shall constitute a lien upon the property so affected until paid and, if not paid, shall be included in the next annual tax levy against the property pursuant to the Village Law of the State of New York. These expenses shall be in addition to any penalties imposed for any violation of this chapter.
This chapter shall not apply to those compost piles which are located in the rear area or yard of any lot and which have a base area no larger than 64 square feet and which are enclosed by wire, plastic, wood or other suitable material which adequately contains the compost.
The Code Enforcement Officer or his qualified designee of the Village of Springville is hereby empowered to enforce the provisions of this chapter.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250.