N.Y. Public Health Law Section 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power otherwise exists, any provision of this section and of section thirteen hundred twenty of this chapter may be superseded, supplemented or amended by local law in the same manner and to the same extent as such provisions could be superseded, supplemented or amended had this section and section thirteen hundred twenty of this chapter not been enacted.

Source: Section 1321 — Noxious weeds and growths; notice to abate; enforcement, https://www.­nysenate.­gov/legislation/laws/PBH/1321 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 1321’s source at nysenate​.gov

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