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Tonawanda, NY Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
Every parcel, including vacant/unimproved lots
Trigger
Debris/brush/weeds deemed a hazard or nuisance
Notice period
7 days (5 days if repeat within a year)
Town cleanup cost
Billed to owner plus $100 surcharge
Unpaid bill
Becomes a lien on property taxes

Summary

Owners of every parcel of real property in the Town of Tonawanda, including vacant and unimproved lots, must remove brush, dead weeds, garbage, debris and rubbish once the Code Enforcement Officer determines it is a health, fire or traffic-safety hazard or public nuisance under Code § 108-4B. Chapter 108 applies to any parcel, built on or not, and lets the Town clean up and bill an owner who ignores notice.

Every owner of any parcel of real property located in the Town of Tonawanda shall be responsible for the removal of brush, dead weeds, grass, garbage, debris and rubbish as determined by the Code Enforcement Officer to constitute a health, traffic safety or fire safety hazard or public nuisance. ... If, after the expiration of seven calendar days from the date of service of notice as provided in § 108-7, the owner shall fail to comply with the requirements of § 108-4 of this chapter, the Code Enforcement Officer, his or her designee or any contractor hired by him or her, shall have the power to enter upon the parcel of real property in violation to cut, trim, or otherwise remove all such grass, weeds and uncultivated vegetation in excess of 10 inches, or the accumulation of brush, dead weeds, grass, garbage, debris and rubbish, which are determined to violate the provisions of this chapter.

Full Breakdown

Section 108-3 makes Chapter 108 apply to 'every owner of any parcel of real property' in the Town of Tonawanda outside the Village of Kenmore, language that reaches raw, unimproved and vacant lots as well as built lots. Section 108-4B puts the removal duty squarely on the owner: brush, dead weeds, grass, garbage, debris and rubbish must go once the Code Enforcement Officer decides the accumulation is a health, fire-safety, traffic-safety hazard or public nuisance, independent of the separate 10-inch grass-height rule in § 108-4A.

Two narrow carve-outs in § 108-4C exempt designated open space, wetlands and conservation easements meant to stay natural, and rights-of-way bordering land owned by another government. Enforcement follows the same notice track used for overgrown grass: § 108-7 requires written notice giving the owner seven calendar days to clear the lot, cut to five days for a repeat notice on the same parcel within a year, and § 108-8 makes a continued failure itself a violation. If the deadline passes, § 108-9A authorizes the Code Enforcement Officer, a designee, or a Town-hired contractor to enter the lot and remove the debris directly; the owner is billed for the labor, machinery and material cost plus a $100 administrative surcharge, and an unpaid bill becomes a lien collected with the property's taxes.

Violations & Fines

Ignoring a cleanup notice past its seven-day (or five-day repeat) deadline is a violation under § 108-8, and a general offense against the chapter carries a fine of up to $250 or up to 15 days' imprisonment under § 108-10, with each continuing day a separate offense. The Town's cleanup cost plus a $100 surcharge becomes a tax lien on the lot if unpaid within 30 days.

Frequently Asked Questions

Do I have to clean up a vacant lot I own in the Town of Tonawanda even though nothing is built on it?
Yes. Section 108-3 applies Chapter 108 to every parcel of real property in the Town, and § 108-4B requires the owner to remove brush, dead weeds, garbage, debris and rubbish once the Code Enforcement Officer finds it a hazard or nuisance, regardless of whether the lot is built on.
What happens if I don't clear the lot after getting a notice?
You have seven calendar days under § 108-7, or five days for a repeat notice within a year. After that, § 108-9A lets the Code Enforcement Officer or a Town-hired contractor clear the lot and bill you for the cost plus a $100 surcharge.
Is an unpaid cleanup bill just forgotten?
No. Under § 108-9A, an unpaid cleanup bill becomes a lien on the property and is added to the next annual tax levy, collected the same way as general Town taxes.

Sources & Official References

Other rules in Tonawanda

All Tonawanda rules

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