No person shall fill, obstruct, block or materially
alter water drainage in a right-of-way or easement conveyed to the
Town, or permit such water drainage in a Town easement or right-of-way
to remain filled, obstructed or blocked. Construction of pools, fences,
or buildings in a right-of-way or easement are specific examples of
acts prohibited by this section.
No person shall modify the existing topography
of land by cutting or filling in such a manner as to cause material
damage to adjoining lands or other lands, or to materially impair
the use or quiet enjoyment of adjoining lands or other lands, or if
it materially restricts the flow of natural or artificial drainageways.
If a violation is determined by the Code Enforcement
Officer, such officer shall send a letter to the property owner describing
the alleged violation, and requesting that remedial work be undertaken
by the property owner, within a reasonable time.
[Amended 7-24-2013 by L.L. No. 7-2013]
If, within the time set by the Code Enforcement
Officer, the remedial work is not completed, the Town, at its option,
may undertake the work directly or through contractors, and submit
a bill to the property owner for the cost of such work, including
associated administrative costs incurred by the Town.
If the bill is not paid within 30 days, the
Town shall cause the amount of the bill to be added to the next tax
roll as a charge to the owner.
[Amended 9-11-2006 by L.L. No. 19-2006]
It shall not constitute a defense hereto that
any fill blockage or obstruction was constructed or placed prior to
enactment of this chapter. Routine cleaning, mowing and maintenance
shall not be a violation hereof. Notwithstanding any other provisions
in this Code, it shall be the sole responsibility of the property
owner to mow, cut or otherwise maintain the grass or other plants
and foliage growing in, over and around the easement.
Construction filling or cutting pursuant to
an approved site plan, subdivision plan, or development plan in a
planned development district shall be exempt from the application
hereof.
Violation of this chapter is punishable by a
fine of up to $500 per violation.