[HISTORY: Adopted by the Board of Trustees of the Village of Albion 5-13-1974 as Ch. 8 of the 1974 Code. Amendments noted where applicable.]
This chapter shall be known as the "Brush, Grass and Weeds Removal Ordinance of the Village of Albion, New York."
[Amended 8-14-1996 by L.L. No. 5-1996]
The purpose of this chapter is to promote the public health by the removal of fire and health hazards by requiring the owners of land to cut, trim or remove brush, grass or weeds.
[Added 8-12-2009 by L.L. No. 6-2009]
Every owner of land within the Village of Albion shall cut, trim, or remove brush, grass or weeds of a height of 10 inches or more from the premises owned by him or her to a depth of at least 75 feet from any street and 75 feet from adjoining developed property lines; and, upon default, the Village of Albion may cause such brush, grass or weeds or other materials to be cut, trimmed or removed by said Village, and the total thereof shall be assessed upon the real property on which such brush, grass or weeds are found.
[1]
Editor's Note: Former § 128-3, Maintenance requirements; noncompliance procedure, as amended, was repealed 9-26-2007 by L.L. No. 4-2007.
[Amended 8-12-1992 by L.L. No. 1-1992]
A. 
The cost of cutting, trimming or removing such brush, grass or weeds shall constitute a lien and charge upon the real property involved until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for the collection of taxes.
[Amended 8-14-1996 by L.L. No. 5-1996]
B. 
The Village Board of Trustees shall, from time to time, establish, by resolution, the method by which the cost shall be determined and shall include the power to establish minimum costs.[1]
[1]
Editor's Note: A fee schedule is located in the office of the Village Clerk.
[Amended 8-14-1996 by L.L. No. 5-1996]
Before the Village of Albion shall remove, cut or trim such brush, grass or weeds and assess the costs thereof upon the real property upon which such brush, grass or weeds are found, notice shall be given to the owner thereof by either personal service or by mail addressed to the last known owner at his or her last known address as shown on the tax rolls of the village. Such service shall be sufficient for all purposes. Such notice shall set forth the violations and direct compliance within five days from the date of such notice. All such notices shall be signed and issued by the Village Code Enforcement Officer or by the Village Clerk upon direction of the Village Board of Trustees. If there is a failure of compliance within the said five-day period, the village may then cause the removal, trimming or cutting and assess the cost as hereinabove provided.
The provisions of this chapter shall not apply to cultivated crops, shrubs, trees or other landscaping or weeds or grass which may intermingle with growing cultivated crops, until such time as said crop is harvested or should have been harvested.
[Amended 8-12-1992 by L.L. No. 1-1992]
A. 
In addition to the rights hereinabove provided for the Village of Albion, any violator of this chapter shall be assessed a civil penalty to be established from time to time by resolution of the Board of Trustees of the Village of Albion.[1]
[1]
Editor's Note: See Ch. A295, Civil Penalties.
B. 
Each day a violation continues after notice of violation shall constitute a separate violation of this chapter. No additional notices shall be required for continuing violations, and an additional penalty may be assessed against the owner of said premises for each day the violation exists. Penalties may be collected in the same manner provided for in § 128-4 hereof.