[Adopted 10-4-1972]
The purpose of this article is the regulation,
restriction and control of street curbs within the Village of Waverly,
as well as the grassy plots located between the curb and the sidewalk
line of village streets or between the traveled portion of village
streets and the sidewalk line where there are no street curbs, in
the interest of promoting and furthering the development of property
in the Village of Waverly for the benefit and general welfare of the
community.
As used in this article, the following terms
shall have the meanings indicated:
The physical delineation of the edge of the traveled portion
of a village street, whether of stone, concrete, masonry, brick or
any other substance.
The prolongation of the lateral line of curb or in the absence
of a curb, the lateral boundary line of the roadway.
A.
No curb shall be cut by any person or corporation
within the corporate limits of the Village of Waverly unless a permit
shall first have been obtained from the Village Clerk. The Village
Clerk shall issue such permit only upon a majority vote of the Board
of Trustees of the village and upon such terms and conditions as may
be prescribed by such Board for the benefit and welfare of the Village
of Waverly.
B.
No alteration, change of grade or surfacing of the
area between the street curbline and the sidewalk line shall be commenced
or undertaken by any person or corporation unless a permit shall have
been first obtained from the Village Clerk. The Village Clerk shall
issue such permit only upon a majority vote of the Board of Trustees
of the village and upon such terms and conditions as may be prescribed
by such Board for the benefit and welfare of the Village of Waverly.
A.
Any person violating any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not exceeding $250 for each offense
or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 6-14-1988 by L.L. No. 1-1988]
B.
Any person or corporation who fails to abate any violation
of this article after notice of such violation shall be subject to
a penalty of $100 for each day said violation continues, recoverable
by suit brought by the village.
C.
Each day such violation continues after notice of
such violation shall constitute a separate offense punishable by like
fine or penalty.
