[Adopted 6-15-1998 by[??293] L.L. No. 2-1998]
The owner of any property shall keep the retaining walls on the boundary thereon, in front of, within or running along the street right-of-way adjoining his property in reasonably good and safe repair and shall be responsible for all necessary preventive and corrective maintenance to accomplish such result.
A. 
Conditions that may constitute defective retaining walls. A defective retaining wall that is not constructed or maintained in accordance with the standards set forth herein shall mean any retaining wall which has any or all of the following conditions:
(1) 
Unacceptable quality of the retaining wall, including but not limited to holes, depressions, breaks or projections.
(2) 
Leaning, crumbling, falling or other deterioration or failure of the retaining wall.
(3) 
Missing, rotting or deteriorated portions thereof.
(4) 
Determined to be unsafe by the Building Inspector or his designee.
B. 
The above shall be applicable regardless of the type of retaining wall that exists, whether wood ties, brick, concrete or any other material, and all construction shall comply with New York State building codes.
C. 
All defective retaining walls within the terms stated above are hereby declared to be a public nuisance.
A. 
The Building Inspector of Public Works or his designated agent shall have jurisdiction for the purpose of ordering the repair of a defective retaining wall and for taking remedial action towards making it in good repair.
B. 
Upon receipt of information that a retaining wall may be defective, the Building Inspector or his designee shall make an inspection of the retaining wall and file a report in his office.
C. 
If the report shall confirm the existence of a defective retaining wall as defined herein, the Building Inspector shall cause a notice to be served upon the owner or his or her executor, legal representative or agent, either personally or by first-class prepaid mail, addressed to the last known address of the owner or other person mentioned herein as said address is shown on the records of the Assessor. If the name of the owner or his place of residence cannot be ascertained, notice shall be served by posting in a conspicuous place upon the premises.
D. 
Contents of notice. The notice shall contain the following:
(1) 
A description of the premises upon which the retaining wall is located.
(2) 
The statement of the particulars in which the retaining wall is defective.
(3) 
A designation of the area in which repair or replacement is to be made.
(4) 
An order that the repair or correction of the defective portion of the retaining wall shall commence within 30 days of personal service or within 40 day of service by mailing.
(5) 
A statement that, in the event of neglect or refusal to comply with the order to repair or replace the defective retaining wall, the Village Board is authorized to provide that the retaining wall be secured and repaired and that all expenses thereof be assessed against the land adjoining said retaining wall or the right-of-way on which said wall is located, including related necessary or incidental expenses.
E. 
The Building Inspector may extend time requirements for cause and in writing and upon reasonable terms and conditions.
A. 
The property owner is responsible for the quality of the finished retaining wall. The Building Inspector or his designee will inspect the project from time to time and may require the owner to remove and replace new construction that does not meet construction standards as set forth below and as may be modified from time to time.
B. 
Before engaging upon any retaining wall repair or construction, the contractor on behalf of the owner must first obtain a permit from the Building Inspector or his designated agent. The applications shall be furnished by the Building Inspector.
C. 
Fees. At the time of making application to the village for a permit to construct or repair a retaining wall, the owner or contractor shall pay to the village a permit fee in such amount as the Board of Trustees may from time to time determine.
D. 
No permit shall be issued to a contractor until he has filed with the Village Clerk a certificate showing that he carries workmen's compensation for all of his employees together with such other insurance as the village may by rule or regulation require.
E. 
No person shall repair or reconstruct any retaining wall unless the same shall be in accordance with plans filed and approved by the Village Building Inspector.
F. 
All retaining wall repairs or construction is to be performed in accordance with rules and regulations established by the Building Inspector and the Village of Warwick.
G. 
A copy of any permit issued in accordance with this Part 3 in the possession of the persons actually doing the work shall be available for inspection by the Building Inspector or his representatives.
H. 
If deemed necessary by the Building Inspector, due to the nature or complexity of the proposed work, the Village Engineer shall be consulted and will perform a field inspection of the work site at the expense of the property owner.
A. 
It shall be unlawful for any person, whether or not interested in the property affected by this Part 3, to hinder or obstruct the Building Inspector or any person acting on his behalf, including any contractor performing the work pursuant to this Part 3.
B. 
Any person or persons violating any provisions of this Part 3 shall be subject to a penalty, such fine not to exceed $250 or a sentence of imprisonment not to exceed 14 days, or both such fine and imprisonment. Such penalties may be in addition to any other remedies or actions that may be taken by the village either as provided herein or as may otherwise be permitted by law.
C. 
The village shall be reimbursed for the cost of the work performed or services rendered as provided in this Part 3 by assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete cost as was incurred upon and from each lot or lots, in the manner provided for the assessment of the cost of public improvements by applicable law, together with appropriate interest.