CHAPTER 3: WEEDS
§4301. DELETERIOUS GROWTHS PROHIBITED
No owner of any lot, place or area within Fire District No. I of theTown of Wallingford, or within one hundred fifty (150) feet of the dwelling of any adjoining property owner, shall permit on such lot, place or area, or upon any sidewalk abutting the same, any weeds or grass constituting deleterious, unhealthy growths,or other noxious matter, that may be growing, lying or located thereon. Violation of this chapter shall constitute a public nuisance.
§4302.DESTRUCTION OF DELETERIOUS GROWTH
(a) All lots, places, or areas as set forth in Section §4601 §4301 of this Chapter shall be cut not later than August 1 of each year.
(b) Not withstanding the provisions of subsection (a) of this Section, the Health Officer is hereby authorized and empowered to notify, in writing, at any time, the owner ofany lot, place, or area within the Town of Wallingford, or the agent of such owner, to cut, destroy and/or remove any such weeds or grass constituting deleterious, unhealthy or unsafe condition. Such notice shall be byRegistered Mailing, addressed to said owner, or agent of said owner, at his last known address.
§4303.ACTION UPON NON-COMPLIANCE
Upon the failure, neglect, or refusal of any owner or agent to complywith the provisions of this Chapter, by the date specified in §4302(a) hereof or, within seven (7) days after receipt of the written notice provided for in such notice §4302(b), in the event the sameis returned to the Health Officer because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Health Officer is hereby authorized and empowered to pay for the cutting, destroying, and/or removalof such weeds or grass constituting deleterious, unhealthy growths or other noxious matter or to order the removal bythe Town of Wallingford, and to assess any and all expenses so incurred by the said Town of Wallingford against such owner or agent,. provided that expenses so assessed shall be in addition to, and not in lieu of, §4107 of this revision.
§4304.ENFORCEMENT AND PENALTIES
A violation of this chapter shall be a civil matter enforced in accordance with the provisions of 24 VSA 1974a and 1977 et. seq. A civil penalty of not more than $500 may be imposed for a violation of this civil ordinance, and the waiver fee shall be set at $50.00 for the first offense, $75.00 for the second offense within a six-month period, and $100.00 for all subsequent offenses within a six-month period. Each day of a violation shall constitute a separate violation of this ordinance.
Each of the provisions of this ordinance is severable and if any provision is held invalid for any reason, the remaining provisions shall not be affected but shall remain in full force and effect.
This ordinance shall become effective sixty days after its adoption by the Wallingford Selectboard. If a petition is filed under 24 VSA 1973, that statute shall govern the taking effect of this ordinance.
ADOPTED THIS __________ DAY OF _____________________________ 2000