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.
[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.
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.
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.
[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.
D. Violations and penalties. A violation hereof shall result in penalties as prescribed under Chapter
1 of the Code. A second or subsequent violation shall result in a minimum fine of between $500 and $1,000.