[HISTORY: Adopted by the Board of Trustees of the Village of Holley as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-1974 by Ord. No. 59; amended in its entirety 9-9-2014 by L.L. No. 3-2014]
As used in this article, the following terms shall have the meanings indicated:
APPEARANCE TICKET
A written notice issued in accordance with the provisions of New York State Criminal Procedure Law § 150.
HIGHWAY or STREET
Any area defined or described in New York State law or any highway where any part thereof is open to the use by the public for purposes of vehicular traffic and which highway is owned, constructed, improved, designed, repaired or maintained by a municipality, including, but not limited to, the Village of Holley, and shall include the entire width of the right-of-way of such highway, including, but not limited to, the paved surface, gutters, shoulders and area from the center of the roadway to the edge of the sidewalk farthest from the paved roadway.
ORDER TO REMEDY VIOLATIONS
A written notice issued and subscribed by an authorized public servant, including, but not limited to, the DPW Supervisor, law enforcement agent or Code Enforcement Officer, directing a designated person to remove any material, including, but not limited to, snow, ice, water, mud, dirt or any other material, from a public street or sidewalk or directing a designated person to remove any obstruction or remedy any unsafe condition from a public street or sidewalk.
A. 
No person, individual, business owner or corporation shall endanger, reduce, obstruct or interfere with any public highway by causing, directing, pushing, depositing, distributing, permitting or procuring the deposit of any material, including, but not limited to, snow, ice, water, dirt, mud or any other material, on any public street, or cause, deposit, push, distribute, permit, allow or direct any other act which results in any obstruction, or unsafe condition, on any public street.
B. 
Whenever any person, individual, business owner or corporation shall have been served with an order to remedy violation, each day that such person shall continue such violation after such service shall constitute a separate and distinct offense punishable by a fine or penalty as set forth below.
A. 
This article shall be enforced by the Village of Holley DPW Superintendent or the Village of Holley Code Enforcement Officer or any law enforcement agency.
B. 
Upon observance of a violation of the provisions of this article, the Village of Holley DPW Superintendent, or the Village of Holley Code Enforcement Officer, shall provide the premises occupant or owner with a written directive to remedy the violation.
C. 
Should the violation continue, or in the event new violations occur, the DPW Supervisor, Code Enforcement Officer or any law enforcement agent is hereby authorized and empowered to issue and serve an appearance ticket to any person violating the provisions of this article.
D. 
Should the violation continue, or in the event new violations occur, the DPW Supervisor, Code Enforcement Officer or any law enforcement agent may also issue and serve an order to remedy violation.
E. 
Service of any such appearance ticket, or any such order to remedy violation, may be made by personal service or in any other manner authorized by New York State law. Where any material, including, but not limited to, snow, ice, water, dirt or mud, is being, or has been, deposited on a public street from a premises abutting said public street, an order to remedy violation may be served by leaving a copy of the same with the occupant of the premises, or by affixing a copy conspicuously at the premises, and by mailing a copy to the last-known address of the owner as maintained in the office of the Town of Murray Assessor.
A. 
A violation of any provision of this article shall constitute a violation as defined by New York Penal Law § 10.00.
B. 
Any person, individual, business owner or corporation being found guilty of a violation of this article shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days.
C. 
In addition thereto, upon failure of any owner of premises abutting a highway to comply with the provisions of an order to remedy violation, after having been served with an order to remedy violation, the Village of Holley DPW may cause the obstruction to be removed, or the unsafe condition to be remedied, and upon the completion of the work, under the direction of the Superintendent of the DPW, the owner shall be subject to a charge to be fixed and determined by the DPW Superintendent, with the approval of the Village of Holley Board. During the spring each year, the DPW Superintendent shall provide a list of all property owners, and the charges assessed against them, to the Village of Holley Board. A letter shall be sent to the owners on said list, by certified mail, notifying them of the charges and their right to object to the charges, and also their right to request a hearing before the Village of Holley Board to be held within 30 days of the date of mailing said notice. After the expiration of the 30 days, the list shall be published in the official newspaper designated for the Village of Holley. Once all corrections and revisions have been made to the list, the DPW Superintendent shall provide the list to the Village of Holley Clerk, who will in turn provide the list to the Town of Murray Clerk, and the sums mentioned on the list shall be deemed to be assessed against the owner's real property as a lien, and such amounts shall be collected at the same time, and in the same manner, as other taxes on the tax roll. The failure of the addressee to receive the notice shall not in any manner affect the validity of the lien, or penalties imposed by law with respect thereto.
D. 
Notwithstanding the other penalties and remedies herein provided, the Village of Holley Board may maintain an action or proceeding in the name of the Village of Holley in any court of competent jurisdiction to compel compliance with this article or to restrain by injunction the violation of any provision of this article.
E. 
The forgoing provisions for enforcement of this article are not exclusive but are in addition to any and all laws applicable thereto.