This chapter gives the Superintendent of Highways
all the power and authority of the laws of the State of New York and
those provided herein and gives additional means of enforcement of
these laws.
This chapter shall be enforced by the Commissioner
of Public Works, i.e., the Superintendent of Highways or his/her designee.
A.
Whenever the Superintendent of Highways or his/her
designee has reasonable grounds to believe that work in the rights-of-way,
Town-owned public property or Town easement is proceeding without
a permit or is in violation of a provision of any applicable law,
code, ordinance or regulation or is not in conformity with any of
the provisions of the application, plans or specifications on the
basis of which a permit was issued or is being continued in an unsafe
and dangerous manner, he/she shall notify either the owner of the
property adjacent to the right-of-way, Town-owned property or Town
easement or the owner's agent, person, firm or corporation performing
work to immediately suspend all work. In such instance, any and all
persons shall immediately suspend all related activities until the
stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form
prescribed by the Superintendent of Highways and shall state the reason
for the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Superintendent of Highways or
his/her designee and shall be prominently posted at the work site.
The posting of a stop-work order on the job site shall be deemed sufficient
notice to suspend all work.
The Superintendent of Highways or his/her designee
shall have the authority to issue an appearance ticket subscribed
by him/her directing a designated person to appear in a designated
criminal court at a designated future time in connection with the
alleged commission of a designated violation of this chapter or any
order made thereunder.
Any violation of any provision of this chapter
shall be deemed an offense and, upon conviction thereof, shall be
punishable by a fine not to exceed $250 or 15 days in jail for each
offense. Each day that a violation continues uncorrected shall be
considered a separate offense.
This chapter shall not be construed to hold
the Superintendent of Highways, his/her designee or the Town of Greece
responsible for any damages to persons or property adjacent to the
right-of-way, by reason of inspection, discretion, orders and permits
required under this chapter.
