Letter from Code Enforcement Officer Regarding “No Mow May”
OFFICE OF CODE ENFORCEMENT
CODE ENFORCEMENT OFFICER, JUSTIN NOYES
PLEASE TAKE NOTICE
To all Village residents and property owner(s),
As I am sure you have read on social media or have heard about on other media outlets the request to not mow your lawn or lawns during the month of May to assist pollinators as they wake up from their winter hibernation. As much as we all strive to be more environmentally responsible and conscious, the Village respectfully requests you adhere to the laws already in place, especially Chapter 37 Brush, Grass and Weeds. As the owner of record, it is your responsibility to comply with the rules and regulations as set forth in Chapter 37 Brush, Grass and Weeds. Failure to do so puts you at risk of violation of not only the Village’s code, Chapter 37, but also New York State’s Property Maintenance code, Section 302.
As a reference, please see below sections from Chapter 37 Brush, Grass and Weeds,
Ҥ 37-1 Definitions. As used in this chapter, the following terms shall have the meanings indicated: PERSON - Includes natural persons, corporations and all other entities of any kind capable of being sued.
§ 37-2 Height restriction; exceptions.
It shall be unlawful for any owner, lessee or occupant having control of any occupied or unoccupied lot or land, or any part thereof, in the Village of Rhinebeck to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, or for 10 feet outside the property line if there is no curb, any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average or any accumulation of dead weeds, grass or brush. This chapter shall not apply to farm or grazing land or land not within 300 feet of a neighbor's dwelling.
§ 37-3 Duty of owner, lessee or occupant.
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 or other rank vegetation as often as may be necessary to comply with the provisions of § 37-2 provided that the cutting and removing of such weeds, grass and vegetation at least once in every three weeks between May 15 and September 15 shall be deemed to be in compliance with this chapter.”
Penalty if failure to comply with Chapter 37 Brush, Grass and Weeds,
Ҥ 37-4 Performance of work by Village; liens.
….If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weeds, grass or other vegetation within five days after receipt of such notice, or if no person can be found in the Village of Rhinebeck who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Superintendent of Public Works shall cause such weeds, grass or other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal, plus 5% for inspection and other additional costs in connection therewith, shall be certified by the Superintendent of Public Works….a lien upon the property on which such weeds, grass and other vegetation were located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.”
Section 302 Exterior Property Areas
“[NY] 302.4 Weeds
Except as provided for in statute, local law, ordinance, or other regulations, all developed areas of a premises that are intended to be used by building occupants or the public shall be maintained free from weeds in excess of 10 inches (254 mm). Noxious weeds shall be prohibited.”
To that effect, please continue to abide by and comply with both Chapter 37 Brush, Grass and Weeds of the Village code, and NYS Property Maintenance Code, Section 302.4. Thank you.
Respectfully,
Justin Noyes