[Adopted by Ord. No. XIV]
[Amended 11-28-2005 by L.L. No. 12-2005]
No person shall install or locate or plant any trees, shrubs, or structures in any street in the Village of Port Washington North without the prior written permission of the Village and, with regard to trees, in accordance with Chapter 156 of this Code.
[Amended 11-28-2005 by L.L. No. 12-2005]
No person shall injure, deface, mutilate, or destroy trees, shrubs, or grass plots in streets or public places, and no person shall cut down or remove any such tree, shrub, or grass plot except as otherwise required or permitted by this article and, with regard to trees, in accordance with Chapter 156 of this Code.
[Amended 4-14-2003 by L.L. No. 1-2003]
Every owner and occupant of any building or
land in the Village of Port Washington North abutting on any street
in said Village shall cut and remove all grass or weeds growing in
the unpaved portions of said street abutting said building or land
at least once each month from May to October, inclusive. In the event
said grass or weeds are not cut and removed as aforesaid, the Village
may, on 10 days' written notice to the owner or occupant of the abutting
land, cause said grass and weeds to be cut and removed and may assess
the expense thereof upon the owners or occupants of the abutting land.
[Amended 4-14-2003 by L.L. No. 1-2003]
A.
Every owner and occupant of any building or land in
the Village of Port Washington North abutting upon a sidewalk on any
street in said Village shall, within 12 hours after the cessation
of every fall of snow or the formation of any ice on the sidewalk
abutting said building or land, remove or cause the said snow or ice
to be removed or cleared entirely from the said sidewalk abutting
said building or land; provided, however, that the time between the
hours of 7:00 p.m. and 7:00 a.m. shall not be included in the above
period of 12 hours.
B.
Every owner and occupant of any building or land in
the Village of Port Washington North abutting upon a sidewalk on any
street in said Village shall keep and maintain such sidewalk in good
condition and free from cracks or defects.
C.
Every owner and occupant of any building or land in
the Village of Port Washington North abutting upon a sidewalk on any
street in said Village shall keep the sidewalks in front of said premises
free and clear of dirt, rubbish, garbage, debris, litter and other
obstructions.
D.
Every owner and occupant of any building or land in
the Village of Port Washington North abutting on any street in said
Village shall keep and maintain the area in the unpaved portions of
said street abutting said building or land free and clear of dirt,
rubbish, garbage, debris, litter and other obstructions.
E.
No person shall remove any sidewalk or portion of
sidewalk, or injure, deface or damage any sidewalk or portion thereof,
or dump or place or cause to be deposited upon any sidewalk or portion
thereof, any dirt, rubbish, garbage, debris, litter, vegetation and
other obstructions.
F.
In the event of any violation of the provisions of Subsection A, B, C, or D above, then and in that event, the Village may forthwith proceed to clean, clear, or repair the sidewalk and/or the unpaved portions of such street as required of the owner and occupant by this article, and the cost and expense of doing such work shall be ascertained and a report thereof shall be forthwith filed in the office of the Village Clerk. The Village Clerk shall thereupon present said report to the Board of Trustees. The amount of such cost and expense shall be determined and audited by the Board of Trustees and notice of such amount shall be given by the Village Clerk to the owner of the property abutting such sidewalk and/or the unpaved portions of such street. In the event that such amount is not paid to the Village within 30 days of such notice, the amount of such cost and expense shall be levied and assessed against the land abutting such sidewalk and/or such unpaved portions of such streets as an assessment for an improvement to be included in the next succeeding assessment roll of the Village to be thereafter prepared.
[Amended 5-10-2004 by L.L. No. 2-2004]
G.
In the event that an injury to any person or property shall result from the negligence or other failure of any person to comply with the provisions of this § 143-18, such person shall be liable to those who are injured or whose property is damaged as a result of such negligence or noncompliance. [1]
[Added 6-13-1988 by L.L. No. 3-1988]
Heretofore, by resolution, the Board of Trustees
of the Village of Port Washington North has delegated to the Village
Engineer and the Road Superintendent, jointly, the duty to determine
materials specifications and standards for all Village roads, sidewalks,
curbs, curb cuts and driveway aprons and to modify the same from time
to time and to waive the provisions thereof, and such delegation of
authority is hereby reaffirmed.
A.
No person, firm or corporation shall construct or
reconstruct any sidewalk, curb, curb cut or driveway apron on land
which has been dedicated to the Village of Port Washington North,
whether or not such dedication has been accepted, unless same be constructed
of concrete and in accordance with the specifications in effect at
the time.
B.
No person, firm or corporation shall construct or reconstruct any sidewalk, curb, curb cut or driveway apron on land which has been dedicated to the Village of Port Washington North, whether or not such dedication has been accepted, unless said person, firm or corporation has been issued a permit, upon application therefor as provided in Subsection C hereof.
C.
Permits to construct or reconstruct the sidewalks,
curbs, curb cuts, and driveway aprons shall be issued by the Village
Clerk or Road Superintendent on application therefore as follows:
(1)
Only one permit shall be required to construct or
reconstruct all the sidewalks, curbs, curb cuts and driveway aprons
adjacent to one building, and one application shall suffice to secure
a permit to do all of them or such of them as are contemplated to
be done at the time of the application; but a separate permit shall
be required for each curb cut more than the first.
(2)
The applications shall state the number of feet of
curb to be constructed or reconstructed, if any; the size of the driveway
apron to be constructed, if any to be constructed or reconstructed;
the size of the curb cut to be constructed or reconstructed, if any;
the number of other curb cuts serving the premises, if any; and the
number of feet of sidewalk to be constructed or reconstructed, if
any. A rough sketch shall also be submitted, showing the approximate
location of all such work for which the permit is being sought. The
application shall also state the zoning classification of the property
and the use. The application shall also state that the applicant is
familiar with the applicable specifications of the Village of Port
Washington North for the contemplated work and shall be accompanied
by a fee as set from time to time by resolution of the Board of Trustees.
[Amended 4-14-2003 by L.L. No. 1-2003; 6-14-2004 by L.L. No.
4-2004]
(3)
If it shall appear from the application that no curb
cut is to be constructed or that only one curb cut of a width of not
more than 20 feet is sought to serve one dwelling house in a Residence
A-1, B, or C Zone, said permit shall be issued forthwith.
(4)
Where it appears from the application that the applicant
seeks a curb cut or curb cuts in an Apartment, Business, or Industrial
Zone or that he seeks a curb cut greater than 20 feet in width in
a Residence A-1, B or C Zone or that more than one curb cut is sought
to serve one dwelling house in such a Residence A-1, B or C Zone,
said application or applications shall be referred to the Road Superintendent
who shall have the right to issue or refuse to issue the curb cut
permit or permits, or issue one or more and refuse the balance, or
order that the location of one or more curb cuts be changed, or order
the location of previously constructed curb cuts changed or order
them closed as a condition to the granting of the permits, after consideration
of the applicants needs, the effect on traffic on Village streets,
curbside parking facilities, safety, proximity to other curb cuts,
and the type of vehicles which will be using the premises. The Road
Superintendent shall issue or refuse each permit applied for within
30 days after application therefor. Should he refuse the permit or
order the permit issued in different form than applied for, he shall
give his reasons therefor in writing.
(5)
Certificate of insurance.[1]
[Added 12-4-1978 by L.L. No. 5-1978; amended 11-30-1980 by L.L. No. 5-1980]
(a)
Every application for a permit hereunder shall
be accompanied by a certificate of insurance, in a form approved by
the Village Clerk and issued by an insurance company authorized to
do business within the state, evidencing the existence of the following
insurance coverage:
[1]
Comprehensive general liability insurance including
the Incorporated Village of Port Washington North as an additional
insured.
[a]
Said insurance shall provide minimum
limits of $500,000 personal injury per occurrence and $100,000 property
damage per occurrence or a combined single limit of $500,000. The
policy shall also include coverage for completed operations and broad
form property damage.
[b]
In addition, the policy shall contain
a provision that any aggregate limit contained in the policy shall
not apply to the additional insured Incorporated Village of Port Washington
North, or, in lieu thereof, a separate owner's protective policy shall
be issued or endorsed to the existing policy, with the Incorporated
Village of Port Washington North as the named insured.
[2]
Worker's compensation insurance.
[3]
New York State disability benefits insurance.
(b)
All evidence of insurance shall provide a thirty-day
notice of cancellation or change of coverage to be furnished to the
Incorporated Village of Port Washington North.
(c)
In the event that any applicant is a self-insurer,
information regarding his insurance program should be submitted to
the Village. The applicant will be advised of the requirements of
the Village as determined by the Board of Trustees.
[1]
Editor's Note: Original Subsection (e) was
repealed 4-4-1977 by L.L. No. 1-1977.
[Amended 11-28-2005 by L.L. No. 12-2005]
A.
Any person violating any provisions of this article
shall be liable to a penalty of not more than $250. Said penalty shall
be in addition to all other sums hereinabove provided to be paid.
Each day of such violation shall constitute a separate offense.
