[Adopted 11-21-1977 by L.L. No. 6-1977]
It shall be unlawful to pump, pipe or, by other
artificial means, cause waters collected or stored on a lot or premises
in the Village of Kings Point to flow onto a public street in the
Village without a permit from the Superintendent of Public Works of
the Village.
[Amended 11-27-2007 by L.L. No. 8-2007]
Applications for such permits shall be made,
in writing, on forms provided by the Superintendent and shall be accompanied
by a fee established from time to time by resolution of the Board
of Trustees.[1]
Before granting a permit, the Superintendent
shall first determine that the quality of the water and the time,
volume and method of flow will not be hazardous to vehicular or pedestrian
traffic, cause damage to property or constitute a nuisance to the
public. In granting the permit, the Superintendent may impose such
conditions as he deems necessary for the public safety and the protection
of property.
The Superintendent may revoke a permit previously
granted should he find that the water flow causes or may cause a hazardous
condition, destruction of property or a public nuisance or that the
conditions imposed on the grant of the permit are not being observed.
[Added 5-19-2003 by L.L. No. 4-2003]
In the event that any property owner within
the Village allows, suffers, permits, or tolerates any artificial
flow of water from such owner's property within the Village to flow
onto a public street of the Village, and the Village is, in its reasonable
discretion, required to remove such water, or to place salt or sand
on any icy condition resulting from such water, both the person who
caused such water condition and the owner of the property from where
such water was artificially brought shall be liable, jointly and severally,
to the Village for its costs of labor and material in removing such
water and/or placing salt and/or sand on any icy condition resulting
from such water and, if appropriate thereafter, the cost of removing
such sand. In the event that such reimbursement is not made to the
Village within 30 days after billing, such sum shall be collected
in the manner fixed by law for the collection of taxes and, further,
shall be subject to a delinquent penalty at the legal rate of interest
in the event that the same is not paid in full on or before the date
the tax bill upon which such charge appears becomes delinquent.
