No person shall encumber or disturb any street of the Village
nor allow any vehicle to back up against any curb or building bordering
on the sidewalk so as to hinder, impede or delay travel along the
same, nor shall any person deposit material for building or other
purposes in any street of the Village.
No person shall encumber the sidewalks with boxes, barrels,
casks, crates, goods, wares, merchandise, building materials, barriers
or with any material whatever, except that merchandise and material
may be placed on a sidewalk for a reasonable time for the purpose
of loading and unloading the same, provided that such sidewalk is
not wholly obstructed thereby.
A.
Permit required. No person shall disturb the surface of any Village
street, avenue, highway or sidewalk or open or excavate in the same
without first obtaining a permit from the Superintendent of Public
Works. The applicant shall submit a plan for such work in detail satisfactory
to said Superintendent.
B.
Performing work. Any opening in any pavement shall extend at least
two feet in all directions beyond the edge of the excavation or as
shall be directed by the Superintendent of Public Works. In any sidewalk
opening in which a slab is broken or damaged, the entire slab shall
be replaced. All replacement or restoration of pavement or sidewalk
shall comply with the requirements of the Superintendent of Public
Works.
C.
Deposit required. A deposit in an amount to be established by the
Board of Trustees by resolution on a per-square-foot basis of blacktop
pavement removed or concrete pavement or sidewalk removed shall be
required on issuance of a permit, to be held as a guaranty of payment
for proper replacement or restoration, as the case may be, unless
otherwise permitted under special conditions by the Superintendent
of Public Works.
(1)
Application for permit. Every application for a permit hereunder shall be accompanied by a cash deposit to cover 150% of the cost of restoring or repaving such street, highway or public place; or construction or reconstruction of sidewalks, brickwork, curbs or driveway aprons, as estimated by the Superintendent of Public Works, to a condition which meets the approval of the Superintendent of Public Works, or, in the alternative in the Superintendent's discretion, provide a bond giving adequate assurance that such restoration or repavement shall be made to the satisfaction of the Superintendent of Public Works. In addition thereto, every such application shall be accompanied by a fee as set under Subsection D hereof.
[Added 9-26-2016 by L.L.
No. 11-2016]
(2)
Performance
bond or cash assurance and default thereof.
[Added 9-26-2016 by L.L.
No. 11-2016]
(a)
Performance bond or cash assurance. Where the Superintendent of Public
Works shall require a performance bond, such repair and restoration
to roads, paved areas, drainage, outdoor lighting, curbing, sidewalks,
brickwork, landscaping and screening, including plantings that affect
public property, may be guaranteed by cash or performance bond approved
by the Superintendent of Public Works. Work shall not commence until
such guaranty is filed and approved. The guaranty of the improvements
shall be for 150% of the cost of improvements. The cash or performance
bond shall be conditioned on the permittee completing the work as
set forth in a manner satisfactory to the Superintendent of Public
Works, and upon the proper functioning of the repair or restoration
for a period of one calendar year from their completion.
(b)
Default of performance bond or cash assurance. In case of default,
the guaranty shall be forfeited. The Village, in its sole discretion,
shall use the amount to complete any incomplete portion of the said
work, to make sure repairs are undertaken as are necessary to assure
the proper functioning of the improvements, or to restore the site
in whole or in part. If any amount of money remains after the Village
has completed the work, any excess funds will be returned to the surety
or the person placing the required guaranty. The forfeit of the bond
or guaranty shall not hinder the Village from enforcing any breach
seeking damages at law or equity. The installation of all improvements
shall be under the direct supervision of a New York State registered
or licensed professional.
D.
There shall be a fee in an amount to be established by the Board
of Trustees by resolution for each street opening permit.
E.
Safety
precautions. In any case where a permit shall be given for street
or sidewalk repairs, utility repairs, upgrades, developing property,
or for the making of excavations, it shall be the duty of the permittee
thereunder to properly guard any excavations, openings, encumbrances
or obstructions at all times and to keep upon the outside border of
any such excavation, opening, encumbrance or obstruction a fence or
rail, upon which fence or rail there shall be hung a sufficient number
of amber lights, reflective tape, or other lighting devices approved
by the Superintendent of Public Works so as to properly identify the
outside limits of said excavation, opening, encumbrance or obstruction.
All such lanterns and lighting devices shall be lighted at least 1/2
hour before sundown on each and every day and shall remain lighted
until at least one hour after sunrise the following morning.
[Added 9-26-2016 by L.L.
No. 11-2016]
[Amended 9-26-2016 by L.L. No. 11-2016]
When the surface of any Village street, avenue, highway or sidewalk has been disturbed or an opening or excavation therein has been made pursuant to the provisions of this chapter, it shall be the duty of the person performing such work to replace or restore the surface, as the case may be, as soon as practicable, and if such replacement or restoration is not performed promptly, the Superintendent of Public Works shall be authorized to do such work and apply the deposit to the expense thereof. The failure to comply with any of the requirements of this section shall be deemed a violation hereof, subject to penalties as provided for in the Code of the Village of Amityville, § 1-9, for each such day of an offense, and for the full costs, including engineering fees, labor and materials, to correct and restore such openings and excavations.
No drain installed to lead from any building across or underneath any sidewalk in any street, road or highway in the Village shall be constructed or laid down without the approval of the Board of Trustees. A condition of approval shall be the furnishing of a deposit in accordance with § 152-3C. If approved, it shall be the duty of the applicant to restore the pavement after the installation of a drain.
A.
Grade to be furnished. No person shall construct or permit to be
constructed gutter or pavement of concrete or similar material of
a permanent nature in any public street or private street or on the
streets of any new development without first obtaining from the Superintendent
of Public Works the proper grade and line for such gutter or pavement.
The Board of Trustees may require that the cost of furnishing such
grade and line shall be paid by the person making application therefor.
B.
Scope. All gutters or pavement laid on any private street or on the
streets of any new development shall be subject to the same regulations
and must comply in all respects with the regulations governing streets,
the title of which is vested in the Village. Failure to comply with
the above will be sufficient cause for the Village to reject any proffered
dedication of such streets.
No person shall remove, displace or in any manner interfere
with any barrier, guardrail, lantern or other object which shall have
been placed along or across any public street in the Village for the
purpose of guarding or warning of construction, potholes, or other
defects in such street. No person shall enter upon any street or part
of a street when so barred or guarded.
A.
Duty. It shall be unlawful for the owner or occupant of any real
property or premises in the Village to suffer the sidewalk or sidewalk
area adjacent to or in front of the same to become out of repair and
in an unsafe and dangerous condition. Such owner or occupant, and
each of them, shall be liable for any injury or damage by reason of
omission, failure or negligence to maintain or repair such sidewalk
or sidewalk area and shall indemnify and hold the Village harmless
from any such claim for injury or damage. Said sidewalk area shall
mean the land between the property line and the paved surface of the
street, including any portion thereof which is covered by grass, weeds,
bushes, trees or dirt. Such adjacent owner or occupant shall be responsible
for keeping the sidewalks free of grass and weeds and for cutting
or trimming the grass and weeds in such area to a height of not more
than 10 inches.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.
Authority of Village. Upon the failure of the owner or occupant to
make repairs to the sidewalk or sidewalk area after 10 days' notice
in writing specifying the repairs to be made, such repairs may be
made by the Superintendent of Public Works by order of the Board of
Trustees and the expense therefor charged against such property.
A.
Duty. It shall be the duty of the owner or occupant of any real property
or premises in the Village to keep the sidewalk or sidewalk area adjacent
to or in front of the same free from snow and ice. Such owner or occupant,
and each of them, shall be liable for any injury or damage by reason
of omission, failure, or negligence to keep such sidewalks or sidewalk
area free of snow and ice and shall indemnify and hold the Village
harmless from any such claim for injury or damage.
B.
Authority of Village. Upon failure of the owner or occupant of real property or premises in the Village to comply with the provisions of Subsection A, after 48 hours notice in writing directing him so to do, such work may be done by the Superintendent of Public Works by order of the Board of Trustees and the expenses therefor charged against such property.
A.
Duty. It shall be the duty of every owner or occupant of real property
in the Village to keep the trees on his premises trimmed so as to
avoid the existence of a dangerous condition for passersby on the
sidewalk, sidewalk area, or roadway and so that overhanging limbs
will not interfere with passersby thereon.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.
Clearance. All overhanging limbs shall be at least eight feet above
the center of the sidewalk and sidewalk area, and 13 feet above the
roadway.
C.
Authority of Village. Upon the failure of the owner or occupant of real property or premises to comply with the provisions of Subsection A or B of this section, after 48 hours notice in writing directing him to do so, such work may be done by the Superintendent of Public Works by order of the Board of Trustees and the expenses therefor charged against such property.
No fence, hedge, tree, shrub or other growth or structure which
obstructs visibility shall be erected or maintained on any part of
any corner lot of land which lies within a distance of 30 feet from
the intersection along each of the streets, avenues or highways on
which such lot abuts, at or to a height which exceeds three feet,
measured from the level of the said streets, avenues or highways.
No person shall erect or hang, or permit or allow to be erected
or hung, upon any building owned or occupied by him any awning or
canopy, part of which shall project in, over or upon any of the streets
or public places in the Village, unless the lowest part of such awning
when in a lowered position shall be at least eight feet above the
sidewalk level.
[1]
Editor's Note: Former § 152-13, Moving structures
across streets or sidewalks, was repealed 1-24-2011 by L.L. No. 1-2011.
[Added 9-8-2014 by L.L.
No. 2-2014]
A.
Purpose and intent. The Board of Trustees finds that the unregulated
planting and maintenance of bamboo threatens indigenous trees, plants
and grasses and that regulation is necessary to protect private and
public property from its damaging effects.
B.
Regulation.
(1)
It shall be unlawful from the effective date hereof for an owner
or tenant of property (bamboo property owner), anywhere within the
Village of Amityville to plant bamboo into the ground, or to cause,
permit, cultivate or allow bamboo to be maintained in such a manner
that it migrates onto any adjoining property, including any public
property and rights-of-way held by the Village. An owner, tenant or
occupier of property, upon 10 days' notice by first class mail of
the occurrence of bamboo migration upon adjacent property which is
originating from their property, shall be required to take appropriate
measures to prevent such bamboo from migrating onto adjacent property,
by installing a barrier sufficiently deep and impenetrable to prevent
migration, or by providing for its complete removal.
(2)
All bamboo which migrates onto adjacent properties shall be deemed
to be a public nuisance and no property owner shall have any vested
or nonconforming right to continue maintenance of such bamboo, whether
or not it preexisted the adoption of this regulation. Any property
owner who fails to prevent migration of bamboo onto an adjoining property
shall be guilty of trespass, and the fact that the offending bamboo
preexisted the adoption of this regulation shall not constitute a
defense.
(3)
In determining whether or not a barrier installed to prevent the
migration of bamboo is sufficiently deep to prevent future migration
onto an adjacent owner's property, a barrier less than four feet in
depth, unless not possible due to the level of groundwater intrusion,
shall be presumed to be insufficient to prevent such migration.
C.
Removal.
(1)
In the event that bamboo growing on an owner's or tenant's property
invades or grows upon an adjoining or neighboring property owned or
held on behalf of the Village of Amityville, the Village shall notify
the bamboo property owner that said owner had planted, caused, or
permitted bamboo to grow on his property, and that said owner or tenant
shall be responsible for the removal of such bamboo from the Village
property. This notice shall be sent by certified mail, return receipt
requested, and by first class mail to the latest address of said owner
or tenant on file with the Village Clerk. A copy of the notice shall
also be left in a conspicuous location on said owner's or tenant's
property in the Village of Amityville.
(2)
In the event that the property owner or tenant does not obtain a permit for the removal of said bamboo from the Village property and remove the same within 30 days from the date the Village first deposited the notice as provided in Subsection C(1) above, then the Village, at its discretion, may remove or arrange for the removal of such bamboo from the Village property and install a barrier to prevent further migration. Said owner who caused or allowed such bamboo to migrate shall be liable to the Village for the Village's costs in removing the bamboo from the Village property and restoring the ground. Such costs shall be assessed against the property of the bamboo property owner as a tax payable by such bamboo property owner, if such costs remain unpaid more than 30 days after demand for payment. Removal is to be made in accordance with a plan approved by the Building Inspector.
(3)
In the event that the Village is compelled to undertake the removal or to contract for the removal of bamboo, as provided for in Subsection C(2) above, neither the Village nor its employees shall have any liability for damages or other claims to the bamboo property owner by reason of the removal or installation of a barrier. In the event such removal entails or causes damage to the flora or other property of a person other than the bamboo property owner, the bamboo property owner in violation of this section shall be responsible for such damages.
