PART II, GENERAL LEGISLATION

Chapter 66, BRUSH, GRASS AND WEEDS

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 9-27-1971. Amendments noted where applicable.]

§ 66-1. Purpose.

It is hereby declared to be the policy of the Village Board of Trustees to provide for the proper use of land to prevent unhealthful, hazardous or dangerous conditions due to the accumulation of brush, grass, rubbish or weeds and to protect the public health, safety and general welfare of the residents of this village. By this chapter, the Village Board of Trustees seeks to remove such danger to life, health and property by requiring owners of land within the Village of Honeoye Falls to cut, trim or remove brush, grass, rubbish or weeds within two hundred (200) feet of any residence or highway within the Village of Honeoye Falls.

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§ 66-2. Regulation by Board of Trustees.EN

The Village Board of Trustees hereby requires owners to remedy any of the foregoing conditions which may exist upon their land, pursuant to the authority vested in said Board of Trustees of the Village of Honeoye Falls.

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§ 66-3. Definitions.EN

As used in this chapter, the following terms shall have the meanings indicated:

HIGHWAY -- Includes any road, street, boulevard, drive, lane or highway open to the general public.

RESIDENCE -- Includes any building or structure in which people reside, either permanently or temporarily.

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§ 66-4. Maintenance of property required.EN

Any person, firm or corporation being the owner of real property situated in the Village of Honeoye Falls shall cut, trim or remove brush, grass, rubbish or weeds upon his or its land within two hundred (200) feet of any residence or highway within the Village of Honeoye Falls.

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§ 66-5. Notice to be served.

Whenever any owner fails to comply with this chapter, the Village Board of Trustees may cause a notice to be served requiring the owner of land to cut, trim or remove brush, grass, rubbish or weeds upon his or its property within two hundred (200) feet of a residence or highway. The resolution shall specify the time within which such work shall be completed. The notice of the adoption of such resolution shall be served upon such owner either personally or by certified mail at his last known address.

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§ 66-6. Failure to comply; costs.

Whenever a notice referred to in § 66-5 of this chapter has been served upon an owner of property and such owner fails, neglects or refuses to comply with the requirements of such notice within the time provided therein, the Village of Honeoye Falls or its designee shall have the right to enter upon the property in order to cut, trim or remove such brush, grass, weeds or rubbish. The expense of such work shall be a lawful charge against the owner of said property. All work done by the Village of Honeoye Falls upon the failure of the owner to comply with the notice to cut, trim or remove brush, grass, rubbish or weeds shall be charged on the following basis:

  1. When such work is performed by village employees the costs of labor, materials and equipment shall be calculated and billed as prescribed by administrative regulations of the village.
  2. When such work is let by contract, the amount paid to the contractor, plus five percent (5%) of such amount to cover the cost of clerical work and village inspection.
  3. A bill or statement of the amount of expense incurred in doing such act shall be served upon the owner of the property by certified mail to his last known address. If not paid within sixty (60) days of the due date thereof, a statement of the amount thereof, with an addition of ten percent (10%) and a description of said real property, shall be filed with the Village Assessor. Such amount shall be added to the taxes on the real property and shall constitute a lien and charge on said real property until paid or otherwise satisfied or discharged.

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§ 66-7. Penalties for offenses.EN

A violation of this chapter or any part thereof by any person, firm or corporation is hereby declared to be an offense punishable by a fine not to exceed two hundred fifty dollars ($250.) or imprisonment not to exceed fifteen (15) days, or both. Each days' continued violation shall constitute a separate and additional offense.

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