[HISTORY: Adopted by the Town Board of the Town of Shelter
Island 4-25-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Rights-of-Way".
As used in this chapter, the following terms shall have the
meanings indicated:
Material located within the boundaries of a highway including
the right-of-way or "shoulder," that interferes with public travel,
whether vehicular, by bicycle, or foot, including vegetation, lumber,
wood or logs, rocks, pipes, fencing, and athletic equipment.
The land owned by the state, county, or Town which is occupied
or intended to be occupied by a road, sidewalk, and/or utility lines,
such as electric, gas, oil, water, sanitary sewer or storm sewer.
The right-of-way shall include the road, the sidewalk, any grass area
or shoulder.
It shall be prohibited for any person, firm, corporation to
cause, permit, or allow any obstruction to exist within the right-of-way.
It shall be the responsibility of the property owner to immediately
remove all obstructions within the right-of-way adjoining their property
and to restore the right-of-way to its original condition and design.
The Superintendent of Highways, or their designee, or any Town
of Shelter Island police officer may, if necessary, provide notice
to be served upon owners, as hereinafter provided, to remove any obstruction
which may exist upon a right of way adjoining their property. If there
is an immediate danger to pedestrian, bicycle, or vehicular traffic,
the obstruction may be removed immediately by the Superintendent of
Highways or his designee, or a Town of Shelter Island police officer
without prior notification to the adjoining property owner.
Whenever the Highway Superintendent or their designee or a Town
of Shelter Island police officer requires the owners of land to correct
violations of this chapter, the notice shall specify the place, manner,
and time within which the subject obstruction shall be removed. The
notice shall be served upon such owner or owners personally or by
registered or certified mail, return receipt requested, at their last
known address.
Whenever a notice has been served upon such owner(s) of the
subject property to correct violations of this chapter, and such owner(s)
shall neglect or fail to comply with the requirements of such notice
within the time frame provided therein, the Highway Superintendent
shall be notified of such violation and shall immediately cause such
obstruction to be removed. All costs and expenses expended therewith,
including the restoration of the subject right of way to its original
condition and design, shall be assessed against the land of the adjoining
owner, and a statement of such expenses shall be presented to said
owner and shall be posted on the subject premises. Such assessment
shall constitute a lien upon such land. If the owner fails to pay
such expenses within 10 days after the statement is presented or posted,
a legal action may be commenced to collect such assessment or to foreclose
upon such lien. As an alternative to such an action, the Highway Superintendent
may file a certificate of actual expenses incurred, along with a statement
identifying the property in connection with which the expenses were
occurred and the owner thereof with the Assessors, who shall, in the
preparation of the next assessment roll, assess such amount upon such
property. Such amount shall be included in levy against such property,
shall constitute a lien and shall be collected and enforced in the
same manner by the same proceedings, at the same time and under the
same penalties as is provided by law for the collection and enforcement
of real property taxes in the Town of Shelter Island.
A.
Any person who neglects, refuses, or fails to comply with any order
or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed $2,000 or by imprisonment for a term not to
exceed 15 days, or both such fine and imprisonment.
B.
Each day's continued violation shall constitute a separate additional
offense or violation.
