[HISTORY: Adopted by the Board of Trustees
of the Village of Honeoye Falls 4-9-1973. Amendments noted where applicable.]
It is hereby declared to be the policy of the
Village Board of Trustees to provide for the safe and efficient movement
of traffic on village streets and to prevent the interruption, interference
or filling up of any ditch or improvement of the village.
A.
No owner of lands within the village shall construct
or repair the approaches or driveways from his lands to any village
highway without securing prior thereto a permit from the Village Superintendent
of Highways. Such permission shall be granted upon the condition that
such approaches and driveways shall be so laid or constructed as not
to create a traffic hazard and not to interrupt, interfere with or
fill up any ditch or improvement of the village, and upon the further
condition that such owner covenants and agrees that he will leave
the village lands and improvements adjacent to or under said approaches
or driveways in as good condition as before the construction or repair
of said approaches or driveways and that he shall pay such fee for
said permit as from time to time shall be established by resolution
of the Village Board of Trustees.[1]
B.
Such owner shall further covenant that he will keep such lands and improvements adjacent to or under said approaches or driveways in repair and that he will save the village harmless from all damages which may accrue by reason of said construction or repair of said approaches or driveways. The Village Superintendent of Highways may revoke such permit upon he applicant's failure to comply with any of the aforesaid conditions or, in the alternative, may proceed as set forth in §§ 82-4 and 82-5 below.
A.
Each owner of lands within the village shall maintain
the approaches or driveways from his lands to any village highway
in such a manner so as not to create a traffic hazard and not to interrupt,
interfere with or fill up any ditch or improvement of the village.
Said maintenance shall be such that the village lands and improvements
adjacent to or under said approaches or driveways shall be preserved
in as good condition as before the construction of said approaches
or driveways.
B.
Each owner of lands within the village shall maintain
his lands in such a manner so as not to create a traffic hazard and
not to interrupt, interfere with or fill up any ditch or improvement
of the village. Said maintenance shall be such that the village lands
and improvements adjacent to such owner's lands shall be preserved.
Whenever any owner of lands within the village
fails to construct or maintain the driveways and approaches from his
lands to any village highway or fails to properly maintain his lands
in compliance with this chapter, the Village Board of Trustees may
cause a notice to be served requiring the owner to maintain such approaches,
driveways or lands in a manner consistent with the terms of this chapter.
The resolution shall specify the time within which such compliance
must occur. The notice of the adoption of such resolution shall be
served upon such owner either personally or by certified mail, at
his last known address.
A.
Whenever a notice referred to in § 82-4 of this chapter has been served upon an owner of lands within the village and such owner fails, neglects or refuses to comply with the requirements of such notice within the time provided therein, the Village of Honeoye Falls or its designee shall have the right to enter upon said lands in order to ensure that the condition of such approaches, driveways or lands will not create a traffic hazard and will not interrupt, interfere with or fill up any ditch or improvement of the village. The expense of such work shall be a lawful charge against the owner of said property. All work done by the Village of Honeoye Falls or its designee, upon the failure of the owner to comply with the requirements of such notice, shall be charged on the following basis:
(1)
When such work is performed by village employees,
the costs of labor, materials and equipment shall be calculated and
billed as prescribed by administrative regulations of the village.
(2)
When such work is let by contract, the costs shall
be the amount paid to the contractor, plus 10% of such amount to cover
the costs of clerical work and village inspection.
[Amended 9-16-1996 by L.L. No. 6-1996]
B.
A bill or statement of the amount of expenses incurred
in doing such acts shall be served upon the owner of the property
by certified mail at his last known address. If such bill or statement
is not paid within 60 days of the due date thereof, a statement of
the amount thereof, with an addition of 10% and a description of said
real property, shall be filed with the Village Assessor. Such amount
shall be added to the taxes on the real property and shall constitute
a lien and charge on said real property until paid or otherwise satisfied
or discharged.
[Amended 9-16-1996 by L.L. No. 6-1996]
Any violation of this chapter is punishable
by imprisonment for not more than 15 days or by a penalty not exceeding
$250, or both, for each offense. Each violation of this chapter shall
constitute a separate offense.
