[HISTORY: Adopted by the Town Board of the Town of Malta 9-4-2012 by L.L. No.
12-2012. Amendments noted where applicable.]
This chapter shall be called the "Driveway Maintenance Law."
The Town Board finds that it is in the best interests of the
community to keep Town roadways clear of debris. Water, snow, ice,
rocks, dirt, rubbish or other debris emanating from properties adjacent
to roadways create a hazard to the public and constitute a public
nuisance. Such unexpected obstructions in roadways may cause damage,
injury or death as a result of collision with an obstruction or through
an attempt to avoid collision with such an obstruction.
Property owners having access to a public road shall have an
ongoing responsibility to maintain their properties, including any
driveway, and may not permit any condition to occur or develop that
results in the deposit of water, snow, ice, gravel, rubbish, dirt
or other debris into any Town roadway, including unpaved portions
of any such roadway.
A.
In the event the Town of Malta Code Highway Superintendent or Enforcement
Officer determines that a property within the Town of Malta is graded
or constructed in such a way as to deposit water, snow, ice, rocks,
rubbish or other debris onto a public roadway, he or she shall make
a written report of his or her conclusions and the facts supporting
those conclusions and shall present the report to the Town Board at
an open public meeting of the Town Board, at which he or she shall
be present.
B.
The Town Board shall review the written or verbal report and may
make additional inquiries of the Town Highway Superintendent, Code
Enforcement Officer or any other person the Town Board deems appropriate.
In the event the Town Board finds that the issue is without merit,
no further action need be taken. In the event the Town Board finds
that the issue appears to be meritorious, the Town Board shall schedule
a public hearing.
C.
Notice of the public hearing shall be given to the property owner(s)
and any known tenants of the affected property. The notice shall specify
the date, time and location of the public hearing and shall reference
this chapter of the Town Code. Notice shall be provided by posting
at the property at issue in a conspicuous location and by mailing
to the owner(s) at the address set forth in the Town's most recent
assessment roll. In the event that one or more tenants are believed
to be in possession of the property, notice shall also be provided
by mailing to the property address.
D.
At the time of the hearing, the property owner, whether or not represented
by legal counsel, shall be permitted to raise arguments or present
any proof regarding the conditions giving rise to the Town Highway
Superintendent's or Code Enforcement Officer's report. Thereafter,
the Town Board shall determine whether, upon all statements received,
the condition of the property at issue is such that it permits water,
snow, ice, rocks, dirt or other debris to encroach into a public roadway;
and whether the extent of such condition poses a risk to the health,
safety and welfare of the community and/or creates a public nuisance.
In the event that the Town Board determines that either the property
at issue does not create such a condition or that, while the property
creates such a condition, the condition is neither a danger nor a
public nuisance, a resolution setting forth that determination shall
be adopted.
E.
In the event that the Town Board determines that the condition of
the property is such that debris is deposited into a public roadway
and that such debris is of a sort or amount that creates a danger
to the public and/or creates a public nuisance, a resolution setting
forth this conclusion shall be adopted. Such resolution shall direct
the property owner to correct the condition and shall specify a date
by which the condition must be remedied. Both the manner of remediation
and the time within which it shall take place must be reasonable under
the circumstances.
F.
In the event the property owner fails or refuses to undertake such
efforts and allows the condition to continue past the date set by
the Town Board, the Town Board may cause the condition to be remediated
and all associated costs shall be assessed to the property and shall
be collected as a Town tax.
A.
For each day following expiration of the remediation date established
by the Town Board that the condition is permitted to continue, the
owner shall be liable to an amount up to $50.
B.
In the event that the Town Board, after a public hearing, directs
the property owner to remediate the condition or conditions at issue,
upon the property owner's failure to do so, the Town Board may
commence an action in a court of competent jurisdiction to enforce
the provisions of this chapter either by seeking judgment or to prevent
further violation by injunction or both.
Any party aggrieved by the determination of the Town Board pursuant
to the provisions of this chapter may appeal such determination to
the New York State Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules.
