It is the purpose of this article to protect
and maintain existing roads, curbs, sidewalks and grass areas in the
Village of Greenport from disturbances and improper construction or
reconstruction.
The following terms, as used in this article,
shall have the meanings indicated:
EMERGENCY
A circumstance that may endanger the health or well-being
of the citizens of the Village of Greenport or the efficient operation
of any utility, drainage system or traffic control device in the Village
of Greenport.
MEASUREMENT OF ROAD OPENING
Road opening shall be measured as linear feet along the longest
line at any trench, scarification or excavation that is proposed or
made.
ROAD OPENER
Any contractor, individual, corporation or utility company
who undertakes to make a road opening in the Village of Greenport.
ROAD OPENING
Any disturbance of or work on or under any existing pavement
surface, unimproved road, concrete sidewalk, curb, park, grass mowing
strip or grass area located on Village-owned property within the Incorporated
Village of Greenport.
SUPERINTENDENT OF PUBLIC WORKS
An individual designated by the Board of Trustees to act
on its behalf in all matters relating to roads, sidewalks, curbs,
parks, grass areas and grass mowing strips in the Village of Greenport.
In the event that no Superintendent of Public Works is designated,
the Chairman of the Public Works Committee will assume these duties.
The permit application is available in the Village
offices.
[Amended 4-22-2013 by L.L. No. 4-2013]
A. Any person committing an offense against any provision of this article
shall, upon conviction, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250
for the first offense in a twelve-month period, $1,000 for the second
offense in a twelve-month period, and $2,500 for the third offense
in a twelve-month period.
B. Any person committing an offense against any provision of this article
shall be responsible to the Village of Greenport for all costs incurred
by the Village in the restoration, correction, remedy or cure of the
work done or not done, plus an administrative fee of 25% in addition
to the actual costs incurred by the Village to cover engineering,
administrative and legal fees.
C. The remedy of a fine or penalty is not exclusive, and the Village
of Greenport may commence a civil proceeding seeking a judgment for
the costs and expenses of the Village or for injunctive or mandamus
relief to stop work or mandate the correction or completion of work,
and the road opener, in that event, shall be liable to the Village.