2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 2 - (1320 - 1321) NOXIOUS WEEDS AND GROWTHS
1321 - Noxious weeds and growths; notice to abate; enforcement.

 
    §  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.