[HISTORY: Adopted by the Town Board of the Town of Clay 11-16-1998 by Ord. No. 98-02. Amendments noted where applicable.]
It is hereby declared to be the policy of the town to provide for the proper use of land to prevent unhealthy, hazardous, or unsightly conditions due to the accumulation of brush, grass, rubbish, or weeds in order to protect the public health, safety and general welfare of the residents of this town.
By this chapter, the town seeks to remove such threats to health, life and property by requiring owners of land to take remedial action to cut, trim or remove brush, grass, rubbish or weeds.
As used in this chapter, the following terms shall have the meanings indicated:
- Uncultivated woody shrubs and/or immature trees.
- Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
- Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering. May also be used as ground covering for the establishment of drainage swales, flood routes, or water detention basins.
- Includes an individual or individuals, society, club, firm, partnership, corporation or an association of persons, and the singular number shall include the plural number.
- RESIDENTIAL DISTRICTS
- Includes zoning districts designated as "R" districts and "T" districts in the Town of Clay.
- A. Includes the following:
- (1) Lumber, junk, trash, debris, building materials, or any other deleterious materials.
- (2) 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.
- (3) 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.
- (4) Any unsanitary matter or materials.
- (5) Solid waste and garbage.
- (6) 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.
- B. However, for purposes of this chapter, the term "rubbish" shall not include any of the foregoing if stored in containers or plastic container bags conforming to the requirements of § 194-12 of the Clay Town Code.
- SOLID WASTE
- Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing, and as defined in § 194-2 of the Clay Town Code.
- Wild and useless plants growing at random in inappropriate locations.
[Amended 8-21-2017 by Ord. No. 2017-02]
It shall be a violation of this chapter for the owner of any real property in the Town of Clay to permit, maintain, deposit or scatter rubbish over any premises.
It shall be a violation of this chapter for the owner of any real property to permit or maintain on any such lot or land, inclusive of the land between the curbline and lot line, any growth of brush, grass, or weeds, higher than 10 inches.
The provisions of § 78-3B of this chapter related to the growth of brush, grass, or weeds shall not apply to any lots or land which are under cultivation in a good or husbandry-like manner; from which crops are regularly grown for actual use; to drainage areas or natural open space areas, or to a section of a subdivision which is actively under construction and is less than 75% complete.
If any of the provisions of this chapter are not complied with, the Code Enforcement Officer shall serve written notice and an order to remedy such violation personally upon the owner of the property; or send it by certified mail, return receipt requested, and by regular mail addressed to the last known address of the owner; and/or post in a conspicuous place on the property.
Service of notice upon any owner of land, or the designated person to receive process as provided by law, shall suffice for the purposes of this section.
[Amended 10-19-2009 by Ord. No. 2009-01; 8-20-2012 by Ord. No. 2012-01]
If the owner upon whom the notice is served fails, neglects or refuses to comply with said notice within 10 days after the service of such notice, or, if such notice was served by posting upon the premises, then within 15 days after such posting, the Commissioner of Planning and Development shall cause such brush, grass, rubbish or weeds on such lot or land to be cut and/or removed, and all such expenses incurred, including any legal fees and an administrative fee, and such work shall be certified by the Commissioner of Planning and Development to the Town Clerk and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes. Said administrative fee shall be in an amount as shown in Chapter 105, Fees.
[Added 3-20-2006 by Ord. No. 2006-1; amended 3-7-2016 by Ord. No. 2016-01]
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $750 or imprisonment for a period not to exceed 15 days, or both. Such violation shall not be a crime and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week's continued violation shall constitute a separate additional violation for which no further notice of any kind needs to be filed.