[Amended 10-19-2022 by L.L. No. 7-2022]
Any roadside condition occurring or emanating
from private property or utility installations in the Village right-of-way,
but adversely affecting the safety, health and welfare along, on or
adjacent to any Village road or right-of-way shall be corrected by
the subject property owner or utility company at their sole expense.
Such conditions shall include but are not limited to deteriorating
road walls and fences, clogged or diverted culverts, gutters and drainage
ditches, overhanging tree branches and other vegetation, utility equipment
and gear that is not part of the active utility infrastructure, brush
and vegetation that interferes with utility wires access, trees and
limbs that pose a threat to utility wires, untended trash receptacles
and enclosures, misplaced mailboxes, lawn sprinklers, plowed snow
and other protrusions or intrusions from private property onto any
roadway or pathway.[1]
[Amended 10-19-2022 by L.L. No. 7-2022]
A.
These or
any other roadside or roadbed conditions deemed adverse to the health,
safety or welfare of the Village may be cited by the Police Department,
Board of Trustees, Planning Board, Building Inspector or Public Works
Superintendent. Upon written notice from any of these officials, the
property owner or occupier shall, within seven days, reply to the
Board of Trustees and either request a hearing from that Board or
submit a timely plan for correcting the cited conditions. The decision
of the Board of Trustees shall be binding, and corrective measures
must be completed within the Board's specified time period.
(1)
When
the Village determines that a utility pole in a Village road right-of-way
is damaged and poses a potential threat to public safety, the Village
shall notify any public utility with a plant on the damaged pole that
it must remove its plant from the damaged pole within 15 days of receiving
such notification from the Village. For the purposes of this article,
a “plant” shall be defined as the cables, terminal, conductors
and other fixtures necessary for transmitting electric, telephone,
cable television or other telecommunications service.
(2)
When
the Village determines that a double pole is in a Village road right-of-way,
the Village will notify the public utility which owns the double pole
that the pole must be removed within 90 days or be subject to penalty.
For the purposes of this article, a double pole shall be defined as
any damaged utility pole or old utility pole from which the plant
has been removed, in whole or in part, which is attached or in close
proximity to a new utility pole.
B.
Permit
requirements. The Village shall include in all permits for the installation
or removal of utility poles in Village rights-of-way the following
provision:
(1)
The
permittee shall have 90 days to remove a double pole following the
installation of a new pole in its immediate vicinity. Failure to do
so may result in penalties as provided by law.
In cases of emergency or whenever a property
owner or occupant fails to make the required changes, repairs or improvements,
the Village or its designees shall have the right to enter said property
and perform any or all corrective measures. The Board of Trustees
shall thereupon assess the expense thereof upon the real property
involved, and such charge shall constitute a lien and charge upon
the real property upon which it is levied until paid or otherwise
satisfied or discharged and shall be collected by the Village Treasurer
in the manner provided by law for the collection of delinquent taxes.
A.
These or any other roadside or roadbed conditions deemed adverse
to the health, safety or welfare of the Village may be cited by the
Police Department, Board of Trustees, Planning Board, Building Inspector
or Public Works Superintendent. Upon written notice from any of these
officials, the property owner or occupier shall, within seven days,
reply to the Board of Trustees and either request a hearing from that
Board or submit a timely plan for correcting the cited conditions.
The decision of the Board of Trustees shall be binding, and corrective
measures must be completed within the Board's specified time
period.
(1)
When the Village determines that a utility pole in a Village road
right- of-way is damaged and poses a potential threat to public safety,
the Village shall notify any public utility with a plant on the damaged
pole that it must remove its plant from the damaged pole within 15
days of receiving such notification from the Village. For the purposes
of this article, a "plant" shall be defined as the cables, terminal,
conductors and other fixtures necessary for transmitting electric,
telephone, cable television or other telecommunications service.
(2)
When the Village determines that a double pole is in a Village road
right-of-way, the Village will notify the public utility which owns
the double pole that the pole must be removed within 90 days or be
subject to penalty. For the purposes of this article, a double pole
shall be defined as any damaged utility pole or old utility pole from
which the plant has been removed, in whole or in part, which is attached
or in close proximity to a new utility pole.
B.
Permit requirements. The Village shall include in all permits for
the installation or removal of utility poles in Village rights-of-way
the following provision:
(1)
The permittee shall have 90 days to remove a double pole following
the installation of a new pole in its immediate vicinity. Failure
to do so may result in penalties as provided by law.
