[Adopted 5-27-1997 by L.L. No. 2-1997]
[Amended 11-9-1998 by L.L. No. 6-1998]
No structure, fence or other encroachment or
encumbrance whatsoever (hereinafter "encumbrance") shall be allowed
to be located, constructed or placed within a street right-of-way
or an easement under the jurisdiction of the Town of Salina except
by revocable license agreement granted by resolution of the Town of
Salina Town Board allowing an encumbrance within an easement under
the jurisdiction of the Town of Salina located on the real property
of the party requesting such revocable license and provided that such
real property is outside of any incorporated area. The revocable license
shall be granted by written agreement in a form prescribed by the
Town Board, and the Town Board shall provide therein for the payment
of all legal, engineering and administrative costs and fees incurred
by the Town for such grant. A revocable license may not be granted
if the encumbrance shall interfere with, restrict or otherwise inhibit
the intended purpose of the easement, and any such agreement shall
in addition provide that same may be revoked (in nonemergency circumstances)
upon 10 days' prior written notice given upon a resolution of the
Town Board and which notice shall request that the property owner
remove the encumbrance within such ten-day period. Notice of revocation
may be given immediately in the event of an emergency circumstance
if certified to in writing by any public official of the Town, including
the Town Supervisor or Highway Superintendent or the Engineer for
the Town, and, in said event, notice shall not require Town Board
approval and shall effect immediate revocation of the license and
allow immediate removal of the encumbrance by the Town. An emergency
circumstance shall be one which if not immediately addressed shall
threaten to or cause immediate damage or injury to property or persons.
[Added 11-9-1998 by L.L. No. 6-1998]
Any person being the owner of real property
in the Town of Salina outside of an incorporated area shall be required
to remove or allow removal of, as the case may be, an encumbrance
upon receipt of the notice provided for herein. Whenever the Town
Board adopts a resolution (or such designated public official or other
authorized person executes a certification) revoking the license and
requiring removal of an encumbrance, the Town Board shall specify
the place, manner and a time, which time shall be not less than 10
days from the service of notice, provided that same is not an emergency
circumstance, within which removal shall be completed. Notice of the
adoption of a resolution shall be properly served if served upon such
owner or owners by registered or certified mail, addressed to his
or their last known address (as recorded in the Receiver or Collector
of Taxes on the same day as posted) and personal delivery or posting
of said notice on the premises in a conspicuous place. In the event
of an emergency circumstance notice, such notice shall be certified
to by any designated public official or other authorized person as
aforementioned without requirement of resolution of the Town Board,
and notice shall also specify the place and manner in which such removal
shall be completed and that such removal shall be completed immediately
by the Town. Emergency circumstance notice shall be served properly
if served by personal delivery or posting on the premises in a conspicuous
place without the requirement of registered or certified mailing.
[Added 11-9-1998 by L.L. No. 6-1998]
Whenever notice as referred to in § 205-10 hereof has been properly served requiring an owner or owners to remove an encumbrance, if such owner or owners shall neglect or fail to comply with the requirements thereof within the time provided, or in the event of an emergency circumstance (immediate) notice, upon service of such notice, the Town Supervisor (or in the case of an emergency circumstance, the certifying individual above authorized) may authorize the work to be done and pay the cost thereof out of general Town funds appropriated by the Town Board for such purposes. Violations of this part of § 205-11 of this article resulting from a failure to comply with a notice shall be deemed an offense against this article, and upon such conviction, the offender will be punished as provided in Chapter 1, Article II, General Penalty. Each week that such violation shall continue shall constitute a separate violation. No such violation may be charged against one whose encumbrance was immediately removed by the Town as an action resulting from an emergency circumstance.
[Added 11-9-1998 by L.L. No. 6-1998]
The Town shall be reimbursed for the cost of
the work performed for services rendered by direction of the Town
Board (or Town official or other authorized person, as the case may
be) as hereinabove provided by assessment and levy upon the lots or
parcels of land wherein such work was performed or such services rendered,
and the expenses so assessed shall constitute a lien and charge on
the real property on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other Town charges.
Should any section or any part of any section
of this article be rendered void, invalid or unenforceable by any
court of law, for any reason, such a determination shall not render
void, invalid or unenforceable any other section or any part of any
section in this article. Further, such court of law, in determining
that any section or part of this is illegal or unenforceable, shall
nevertheless modify and enforce same in a manner intended to best
effect the intent of the Town Board in adoption of such illegal or
unenforceable provision.
