2009 – No.1 – Maintenance of Lots and Lawns
VILLAGE OF SACKETS HARBOR
Local Law #1 of 2009
Maintenance of Lots and Lawns
The Village Board of the Village of Sackets Harbor hereby determines it necessary for health, safety, and general welfare of the residents of the Village of Sackets Harbor to provide a method whereby occupied and vacant lots, public land and sidewalks in the Village of Sackets Harbor are kept safe, clean, properly maintained, and free from nuisances, hazards, leaves, tall grasses, rank vegetation.
2. Removal of noxious growth, unlawful growth, exceptions.
a. It shall be unlawful for any owner, lessee or occupant, or any agent, servant, a representative or employee of such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the Village of Sackets Harbor to permit or maintain on any such lot or land or on or along the sidewalk or street adjacent to the same between the property line and the curb any growth of weeds, grass, or other rank vegetation to a height in excess of 10 inches on the average, or any accumulation of dead weeds, grass, brush, ragweed, poison ivy, or other species of weed, plant or growth which is noxious or detrimental to the public health, or the seed, pollen, or other emanation thereof which, carried through the air or otherwise dispersed, is noxious or detrimental to the public health.
b. Any owner, tenant or occupant of any property in violation of this ordinance located within the Village of Sackets Harbor shall cut and remove or cause to be cut and removed such offensive growth when ordered to do so by the Code Enforcement Officer within ten (10) days of the service of written notice, which shall be served by posting a copy of such violation notice upon the front portion of the property or upon the main structure and by mailing a copy of such notice by ordinary mail to the owner of the property as shown on the latest assessment roles of the Village of Sackets Harbor. If notice is served against a corporation, it may be served at the corporation’s principal place of business, upon an agent of the corporation within the Village of Sackets Harbor, or upon the Secretary of State of the State of New York.
c. This prohibition shall not apply to lands under active use or cultivation for commercial agricultural purposes or lands receiving tax exemption due to inclusion in an Agricultural District.
d. Further, this prohibition shall apply only lands that were built upon and have or had a permitted structure placed upon them, and lands that were cleared of native vegetation and prepared for construction that was not completed. These lots may be exempted from this law if they are returned to a native state by the approved planting of natural vegetation, such as native grasses, wildflowers and native shrubs. All evidence of construction must be removed before natural restoration can occur. At this point, the lot may be inspected by the Village zoning officer and the determination will be made whether the lot conforms with the definition of a natural state lot. Lists of natural grasses, as well as native trees and shrubs will be available from the Village office.
e. In addition, if such yards, lawns, and sidewalks are not maintained in a clean, mowed, sanitary and safe condition, it shall be lawful for the Village to cause said yard, lawn, or sidewalk to be made clean, sanitary and safe, by removing brush, cutting grass, or other debris, with the cost of said removal to be charged and assessed against the owner of the property, and such assessment shall constitute a lien and charge on the real property to be levied until paid or otherwise satisfied or discharged, and collected in the same manner and at the same time as other Village charges. The Village shall charge for such work at the regular hourly rate then in effect for the Village employees performing such work.
3. Penalties for offenses
a. In addition to the foregoing remedies, any person failing to comply with a lawful order pursuant to this chapter or committing an offense against any provision of this local law shall be guilty of a violation. In addition to any other penalty or remedy herein provided, each and every violation of this local law shall be punishable as follows:
(1) For a first conviction thereof, by a fine not exceeding $100, or by imprisonment for a term not exceeding 15 days, or by both fine and imprisonment.
(2) For a second or further such conviction, by a fine not exceeding $250, or by imprisonment not exceeding 15 days, or by both fine and imprisonment.
b. The continuation of an offense against the provisions of this local law shall constitute, for each day the offense is committed, a separate and distinct offense hereunder.
c. Failure to comply with the direction of any official of the Village of Sackets Harbor when notice has been provided in accordance with this local law shall constitute a separate and distinct offense hereunder.
• In addition to the above provided penalties and punishment, the Village of Sackets Harbor may also maintain an action in any court of competent jurisdiction to compel compliance with this local law by injunction or other action.