N.Y. Public Health Law § 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hundred twenty of this chapter may be superseded, supplemented or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.