[HISTORY: Adopted by the Board of Trustees of the Village of Airmont 3-29-1993 by L.L. No. 23-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning standards for sight distances — See § 210-34C and Sketch A at the end of Ch. 210.
This chapter shall be cited and may be referred to hereinafter as the "Visual Road Obstruction Law of the Village of Airmont."
The Village Board of the Village of Airmont hereby finds that road obstruction such as shrubbery, hedges, trees, vegetation, rock walls and fences create highway hazards by interfering with vision and proper sight distance at corners and intersections. It is the aim of the Village Board to reduce such road hazards caused by the above and similar objects which are responsible for causing property damage, personal injury and fatalities due to vehicular accidents.
This chapter shall apply to all areas in the Village of Airmont.
A. 
No shrubbery, hedge or other natural growth, or fence (except a transparent fence such as chicken wire, in which the solid area is not more than 5% of the total area of the fence) or wall over three feet higher than the apex at the center line of the street shall be located within the triangular area shown shaded in Sketch A at the intersection of two roads:
B. 
Nor shall the limbs or foliage on any tree obstruct vision nor be permitted to grow nearer to the ground than eight feet where such limbs or foliage overhand or are over or upon land within the triangular area as shown in Sketch A.
This chapter shall be administered and enforced by the person or officer employed or contracted by the Village of Airmont whose responsibilities include maintenance of streets, roads and highways ("hereinafter Enforcement Officer") with the assistance of the Police Department serving the Village of Airmont.
A. 
Upon the determination of the Enforcement Officer that a violation exists, pursuant to the provisions of § 156-4 hereof, it shall send a written notice specifying the violations and requiring compliance within 10 days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof addressed to the owner of record of such land and if he be other than the person served at the address shown on the last preceding assessment roll. If said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
B. 
In the event the notice specified in Subsection A of this section is not complied with after a period of 10 days from date of service, the Police Department of the Town of Ramapo or any other Police Department then servicing the Village, and/or the Building Inspector or Code Enforcement Officer for the Village of Airmont, shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this law.
C. 
In addition to any other penalty provided under the law for noncompliance, the Village Board may, in its legislative discretion, authorize the removal of the visual obstruction.
D. 
The expenses incurred by the Village of Airmont pursuant to Subsection C of this section shall be paid by the owner or occupant of the premises or by the person who caused or maintained such obstruction. The person or company removing said obstruction shall file with the Village Clerk an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Village Board may institute a suit to recover such expenses against any person liable for such expenses, or may cause such expenses to be charged against the property as a lien.
E. 
To effectuate the purpose and objectives of this chapter, the Police Department serving the Village of Airmont shall cooperate with and assist the Code Enforcement Officer as above set forth and otherwise as may seem proper or required in the circumstances.
A. 
In addition to any other penalties that may be invoked under this chapter, any person, firm or corporation violating any of the provisions of this chapter shall be punishable by a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the above-provided penalties and punishment, the Village may also maintain an action in the name of the Village in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.