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Local Law No. 5 - 2021
This local law shall be known as the “Assessment of Costs Incurred by the Town in
Performing Property Maintenance” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
This local law provides for the assessment of the costs incurred by the Town in removing
brush, grass, rubbish, noxious weeds, litter or other similar unsightly or objectionable material
from real property where a property owner, tenant or occupant does not do so after being notified
of the obligation to do so.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 161-3 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§161-3 Abatement; notice to comply
A. Every owner, tenant or occupant of real property shall cut, trim or remove all brush, grass,
rubbish, noxious weeds, litter or other similar unsightly or objectionable material
therefrom at his/her/its own expense.
B. The Town Clerk, the Building Inspector or the Director of Building Code Enforcement and
Land Use Administration may serve written notice upon the owner, tenant and/or
occupant of any real property to trim, prune and, if necessary, remove noxious weeds,
rubbish, litter or other similar unsightly or objectionable material from the property on a
date that is not less than 10 days from the date of such notice. Such notice may be served
either personally or by mail, addressed to any owner, tenant or occupant at the address
shown for such property on the assessment roll or in any letter or writing addressed to
the Town Clerk, the Assessor or the Receiver of Taxes.
C. If there is a failure to comply with the notice described in section 161-3 B., the Town may,
but shall not be obligated to, cut, trim or remove all brush, grass, rubbish, noxious weeds,
litter or other similar unsightly or objectionable material from the property. Pursuant to
section 64 (5-a) of the New York Town Law and sections 10 (1) (ii) (a) (8), (9) and (9 \[a\]) of
the Municipal Home Rule Law, the “soft” and “hard” costs incurred by the Town in doing
so, including the pro-rated portion of the salaries (including overtime) of Town employees
who perform or supervise all or some of the work, shall be assessed upon and constitute
a lien and charge on the real property until paid or otherwise satisfied or discharged and
shall be collected in the same manner and at the same time as other town charges.
D. The assessment of a lien upon the real property pursuant to this section shall be in
addition to the fines and penalties provided in § 161-5 of this article.
Section 3 -Amendment of a current section of the Mamaroneck Code:
Section 161-5 A. hereby is repealed and the following substituted in its place:
§161-5. Penalties for offenses.
A. Any person violating any of the provisions of this article, as same may be amended from
time to time, for which no other penalty is provided, shall be guilty of a violation punishable by
a fine of two hundred fifty and no/ths ($250.00) dollars.
Section 4 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 5 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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