State Codes and Statutes

Statutes > New-york > Pbh > Article-13 > Title-2 > 1321

§  1321.  Noxious weeds and growths; notice to abate; enforcement.  1.  In addition to the mode of service of any notice or order of  any  local  board  of  health  authorized  by any other section of this chapter, and  during the period or season when a particular  and  imminent  danger  to  public health arising out of the pollination of weeds, plants or growths  is  determined  to  exist,  any such local board of health may order the  destruction of such weeds, plants or growths and the disposition thereof  by posting a copy of such order conspicuously on the property where such  noxious weeds, plants, or growths are found, requiring  the  destruction  or  other  disposition  thereof  as shall be directed by such order. The  posting of such order shall be sufficient notice of such  order  to  the  owner, lessee, occupant of, or principal person or persons interested in  such property, of the nuisance created by such weeds, plants or growths.    2.  If any such order is not complied with, or so far complied with as  the local board of health shall regard as reasonable, within  five  days  after  service,  or  within a shorter time, which, in case of particular  and imminent danger to the public health the local board of  health  may  designate,   such   local  board  of  health  or  other  agency  of  the  municipality or county may enter upon any such property and  remove  and  destroy  any  weeds,  plants  and  growths noxious or detrimental to the  public health.    3. The provisions  of  sections  thirteen  hundred  six  and  thirteen  hundred seven of this chapter shall apply respecting the expense of such  removal,  destruction  or  abatement, except where a different method of  collecting such expense is otherwise provided by law for and in  respect  to  any  health  district, then and in that event the provisions of such  law in connection therewith shall apply  in  the  case  of  such  health  district.    4.  The  provisions  of  this  section and of section thirteen hundred  twenty  of  this  chapter  shall  not  operate  to  deprive  the   local  legislative  body  of  any  municipality or county of the power to enact  local laws in relation to any matter in  respect  to  which  such  power  would  otherwise  exist,  nor  shall  it limit such power. If this power  otherwise exists, any provision of this section and of section  thirteen  hundred  twenty  of  this  chapter  may  be  superseded, supplemented or  amended by local law in the same manner and to the same extent  as  such  provisions could be superseded, supplemented or amended had this section  and section thirteen hundred twenty of this chapter not been enacted.

State Codes and Statutes

Statutes > New-york > Pbh > Article-13 > Title-2 > 1321

§  1321.  Noxious weeds and growths; notice to abate; enforcement.  1.  In addition to the mode of service of any notice or order of  any  local  board  of  health  authorized  by any other section of this chapter, and  during the period or season when a particular  and  imminent  danger  to  public health arising out of the pollination of weeds, plants or growths  is  determined  to  exist,  any such local board of health may order the  destruction of such weeds, plants or growths and the disposition thereof  by posting a copy of such order conspicuously on the property where such  noxious weeds, plants, or growths are found, requiring  the  destruction  or  other  disposition  thereof  as shall be directed by such order. The  posting of such order shall be sufficient notice of such  order  to  the  owner, lessee, occupant of, or principal person or persons interested in  such property, of the nuisance created by such weeds, plants or growths.    2.  If any such order is not complied with, or so far complied with as  the local board of health shall regard as reasonable, within  five  days  after  service,  or  within a shorter time, which, in case of particular  and imminent danger to the public health the local board of  health  may  designate,   such   local  board  of  health  or  other  agency  of  the  municipality or county may enter upon any such property and  remove  and  destroy  any  weeds,  plants  and  growths noxious or detrimental to the  public health.    3. The provisions  of  sections  thirteen  hundred  six  and  thirteen  hundred seven of this chapter shall apply respecting the expense of such  removal,  destruction  or  abatement, except where a different method of  collecting such expense is otherwise provided by law for and in  respect  to  any  health  district, then and in that event the provisions of such  law in connection therewith shall apply  in  the  case  of  such  health  district.    4.  The  provisions  of  this  section and of section thirteen hundred  twenty  of  this  chapter  shall  not  operate  to  deprive  the   local  legislative  body  of  any  municipality or county of the power to enact  local laws in relation to any matter in  respect  to  which  such  power  would  otherwise  exist,  nor  shall  it limit such power. If this power  otherwise exists, any provision of this section and of section  thirteen  hundred  twenty  of  this  chapter  may  be  superseded, supplemented or  amended by local law in the same manner and to the same extent  as  such  provisions could be superseded, supplemented or amended had this section  and section thirteen hundred twenty of this chapter not been enacted.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-13 > Title-2 > 1321

§  1321.  Noxious weeds and growths; notice to abate; enforcement.  1.  In addition to the mode of service of any notice or order of  any  local  board  of  health  authorized  by any other section of this chapter, and  during the period or season when a particular  and  imminent  danger  to  public health arising out of the pollination of weeds, plants or growths  is  determined  to  exist,  any such local board of health may order the  destruction of such weeds, plants or growths and the disposition thereof  by posting a copy of such order conspicuously on the property where such  noxious weeds, plants, or growths are found, requiring  the  destruction  or  other  disposition  thereof  as shall be directed by such order. The  posting of such order shall be sufficient notice of such  order  to  the  owner, lessee, occupant of, or principal person or persons interested in  such property, of the nuisance created by such weeds, plants or growths.    2.  If any such order is not complied with, or so far complied with as  the local board of health shall regard as reasonable, within  five  days  after  service,  or  within a shorter time, which, in case of particular  and imminent danger to the public health the local board of  health  may  designate,   such   local  board  of  health  or  other  agency  of  the  municipality or county may enter upon any such property and  remove  and  destroy  any  weeds,  plants  and  growths noxious or detrimental to the  public health.    3. The provisions  of  sections  thirteen  hundred  six  and  thirteen  hundred seven of this chapter shall apply respecting the expense of such  removal,  destruction  or  abatement, except where a different method of  collecting such expense is otherwise provided by law for and in  respect  to  any  health  district, then and in that event the provisions of such  law in connection therewith shall apply  in  the  case  of  such  health  district.    4.  The  provisions  of  this  section and of section thirteen hundred  twenty  of  this  chapter  shall  not  operate  to  deprive  the   local  legislative  body  of  any  municipality or county of the power to enact  local laws in relation to any matter in  respect  to  which  such  power  would  otherwise  exist,  nor  shall  it limit such power. If this power  otherwise exists, any provision of this section and of section  thirteen  hundred  twenty  of  this  chapter  may  be  superseded, supplemented or  amended by local law in the same manner and to the same extent  as  such  provisions could be superseded, supplemented or amended had this section  and section thirteen hundred twenty of this chapter not been enacted.