Chapter 067, Brush, Grass and Weeds

Text relating to Ilion laws has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

Chapter 67, Brush, Grass and Weeds

GENERAL REFERENCES

Trees and shrubs -- See Ch. 225.

§ 67-1. Height limitation

It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any owner, lessee or occupant having control of any occupied or unoccupied lots or land or any part thereof in the village to permit or maintain on any such lot or land or between the curbline and lot line immediately adjoining the same any growth of weeds, grass, brush or other rank vegetation to a growth higher than six (6) inches on the average or any accumulation of dead weeds, grass or brush.

§ 67-2. Prohibited vegetation

It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, poison oak, poison sumac, ragweed, Canada thistle or other poisonous plant or plants detrimental to health to grow on any such lot or land or between the curbline and lot line immediately adjoining the same

§ 67-3. Duty to remove.

It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, brush or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of §§ 67-1 and 67-2, provided that cutting and removing such weeds, grass, brush and vegetation at least once every month from May to October, inclusive, shall be determined to be a compliance with this chapter.

§ 67-4. Applicability

The provisions of §§ 67-1, 67-2 and 67-3 insofar as they relate to cutting weeds, grass, brush and rank vegetation from lots or lands shall not apply to any lots or lands which are under cultivation in a good or husbandry-like manner or from which crops are regularly harvested for actual use

§ 67-5. Notice of failure to comply

A. If any of the provisions of this chapter are not complied with, the Codes Enforcement Officer, an Ilion Police Officer or any other person or agency designated by the Village shall serve a written warning (“Warning”), in a form substantially similar to that in Schedule C, upon the person required to comply therewith. If the owner is not a resident of the village, such Warning shall be mailed to such owner at his last known address, which shall be deemed sufficient service thereof.

B. If the address of the owner of said lands is not known and if no person can be found in the village who is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, then such notice may be served by posting the same in a conspicuous place upon said lot or land.

§ 67-5.1. Enforcement

A. The Codes Enforcement Officers and Village Police Officers hereby have full authority to investigate all violations of this chapter with and/or without receiving any complaints regarding any violations of the same. All investigations will be conducted under the general rules and conduct and in accordance with the Criminal Procedure Law and Penal Law of the State of New York.

B. If the person upon whom the Warning is served fails, neglects or refuses to comply with said Warning within seven (7) days, the Village may serve a notice of fine (“Notice of Fine”), in a form substantially similar to that in Schedule C, upon the owner. The terms of payment for the fine are set forth in Schedule C. Every seven (7) days that a violation of this chapter continues shall be and does hereby constitute a separate and distinct offense, subject to the terms set forth in Schedule C.

C. At any time after the service of a Notice of Fine the Village may, but is under no obligation to, issue an appearance ticket to the owner to appear in the proper court of jurisdiction that may subject the owner to additional penalties and demands set forth by the court.

§ 67-6. Village to do work; lien

A. If the person upon whom the Notice of Fine is served fails, neglects or refuses to comply with said notice within five (5) days after the service of such notice, the Superintendent of Public Works may cause such weeds, grass, brush or other vegetation on such lot or land to be cut and removed.

B. The actual cost of such work plus fifty percent (50%) for supervision and other additional cost in connection therewith shall be certified by the Superintendent of Public Works to the Village Treasurer and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become a 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.

§ 67-7. Penalties for offenses

Penalties for violating provisions of this chapter are provided in Schedule C.