[Adopted 8-10-1971 by L.L. No. 5-1971 as Art. III of Ch. 98 of the 1971 Code; amended in its entirety 11-6-1990 by L.L. No. 1-1990]
Editor's Note: Local Law No. 1-1990 provided as follows: "The Board of Trustees finds that permitting the use of sidewalks by the owners or users of abutting private property makes the sidewalk an attribute of private property, and the Board of Trustees intends with this local law to supersede §§ 4-414, 5-516 and 5-518 of the Village Law to the extent that said sections may be interpreted to the contrary."
[Amended 5-19-2008 by L.L. No. 3-2008]
No person shall construct a driveway or ramp over a street or highway ditch or construct or install a cut in or through a street, road, sidewalk or curb for the purposes of ingress or egress to property without having first received approval from the Village Planning Board and the Street Superintendent.
Such person shall make written application to the Planning Board and Street Superintendent, which application shall clearly show the precise location, extent and purpose of the proposed work, shall state that all work shall be done in accordance with the Village's specifications, and shall provide all other information and comply with all requirements set forth on the application form. Such specifications and application form shall be on file in the Village Clerk's office and may be amended from time to time by resolution of the Board of Trustees. An application fee shall be established and may be amended from time to time by resolution of the Board of Trustees.
The Planning Board, in its sole discretion, may require a public hearing prior to taking action on the application. The decisions of the Planning Board and Street Superintendent shall be based upon safety, location, need, alternatives, drainage and potential effects of the driveway or curb cut installation. If an approval is granted, the Planning Board may impose any conditions reasonably related to the public health, safety and welfare.
The applicant shall agree to indemnify the Village, its officers and employees from any and all injury, damage or claim that may arise from the work and shall obtain insurance, naming the Village as an additional insured, in a minimal amount of $1,000,000, and shall provide proof of such insurance. Prior to commencement of any work, the applicant shall be required to post a cash deposit or other bond acceptable to the Village, in an amount established by the Planning Board, to secure the proper construction, reclamation of property, and correction of any damage to public or private property arising from the construction.
No builder, contractor or workman in control of any operations or repairs upon private property shall obstruct any sidewalk in the Village or endanger the safety of pedestrians over such sidewalk. If such building or repair operations shall necessitate the temporary obstruction of such sidewalk or the existence of a condition making the use of such sidewalk unsafe, the Board of Trustees, in its discretion and subject to such restrictions as it may impose, may authorize the temporary closing of said sidewalk during the period of such operations.
The owner or occupant of every building or lot and the owner of every unoccupied building or lot which adjoins upon a sidewalk shall see that said adjoining sidewalk is at all times kept unencumbered and free from snow, ice, dirt, rubbish or other matter which may obstruct the free and prior use of the same.
[Added 5-19-2008 by L.L. No. 2-2008]
Every owner or occupant of property shall install a mailbox solely in compliance with the rules and regulations of the United States Postal Service. The mailbox shall be installed in such a manner that will not interfere with the speedy and efficient removal of snow and/or ice from the right-of-way by the Department of Public Works.
The installation of a mailbox within any public right-of-way shall be at the sole risk and liability of the owner or occupant of the abutting real property, and the Village of Highland Falls shall not be liable for any damage to any such mailbox by the operations of Village highway, police or emergency services.
Public streets and places other than sidewalks. No person shall encumber any street or public place in the Village with any material whatsoever or erect or maintain any encroachment, sign or projection in, over or upon any of the streets or public places or make any excavations in or upon said streets or public places or immediately adjoining said streets or public places or obstruct any street or public place within the Village of Highland Falls so as to hinder, impede or delay free vehicular or pedestrian traffic without written permission of the Department of Public Works.
Sidewalk excavation or obstruction. No person shall make any excavation or obstruct in any manner any sidewalk in the Village without written permission of the Department of Public Works. A written request for said permission shall be made directly to the Superintendent of the Department of Public Works.
Sidewalk encumbrances. No person shall place upon any sidewalk in the Village any material, object or any other item without first obtaining a permit issued by the Building Inspector.
Permit procedure and requirements for sidewalk encumbrance.
A permit application shall be submitted to the Building Inspector on forms provided by the Building Department. The permit shall be issued by the Building Inspector within 10 working days of receipt of a complete permit application, provided that all permit requirements are satisfied.
Items which shall not be placed on the sidewalk include vending machines, sandwich signboards and trash cans and dumpsters, except that trash cans or dumpsters may be placed in accordance with Chapter 194, Solid Waste. The Board of Trustees may, by resolution, designate other prohibited items after public notice and hearing thereon.
Items may be placed on the sidewalk only with the permission of the person owning property which abuts the relevant sidewalk area. All items shall be maintained in a safe and sanitary manner. Said owner shall be responsible for any injury arising from the placement of items on the sidewalk and shall hold harmless and indemnify the Village for any and all such liability.
At least five feet of horizontal clearance must be provided between the street and any item placed on the sidewalk and between a fire hydrant and any such item. A variance of this requirement may be granted by the Board of Trustees upon petition by the property owner and after public hearing before the Trustees.
Whenever the Superintendent of Public Works shall find the sidewalk or sidewalks adjoining any real property in the Village of Highland Falls out of repair or in an unsafe and dangerous condition, he may order, in writing, the owner or occupant of said real property to remedy or remove such condition or make such repairs as may be necessary in his judgment. It shall be the duty of every owner or occupant on whom such an order is served to comply with said order within the time specified therein. Service of said order may be made either by delivering a copy of said order to the owner or occupant or by delivering it to the person in charge of said real property or, in case no such person is found, by affixing a copy thereof in a conspicuous place on said property or by mailing a copy of said order to the owner or occupant, directed to his last known address.
No person shall construct or cause or permit to be constructed a curb or sidewalk of cement, concrete, stone, brick or other similar substance on any street, highway, sidewalk or other public place within the Village of Highland Falls without obtaining, prior to said construction, from the Superintendent of Public Works the proper grade for such curb or sidewalk.
It shall be the duty of a person desiring to construct a curb or sidewalk as is described in the foregoing section to make a written application therefor to the Village Board of Trustees, designating the street, avenue, highway or public place upon which such curb or sidewalk is to be constructed.
The width of sidewalks in the Village of Highland Falls shall be in accordance with the specifications and regulations established by the Superintendent of Public Works.
In addition to the remedies set forth in §§ 201-12 and 201-15, the following is established to remedy the violation of any provision of this Article III.
Notice of violation. If any provision of this article is violated, the Superintendent of the Department of Public Works, the Building Inspector or their designated agent(s) shall issue a notice of violation setting forth the nature of the violation and providing a reasonable time to remedy the same. Said notice shall be sent by certified mail, return receipt requested, to the person causing said violation and to the owner of the subject property and/or the owner of property which abuts the subject sidewalk.
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 maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both. Each day that a violation continues shall constitute a separate and distinct violation.
[Amended 4-1-1998 by L.L. No. 1-1998]
In addition, the Village, its Building Inspector or Superintendent of Public Works is authorized to bring any appropriate action or proceeding to abate any violation of this article and/or to collect appropriate civil penalties. Each day that a violation continues shall constitute a separate and distinct violation.
In addition, if any person fails to remedy a violation within the time set forth in the notice of violation, the Village, its employees or agents are authorized to enter upon the property, whether public or private, and abate the violation. Any personal property removed by the Village in order to abate the violation shall be retained or disposed of by the Village in accordance with law. All costs and expenses relating to said removal, storage and disposal shall be billed to the property owner and, upon the property owner's failure to pay said bill, shall be a lawful charge upon the property, which may be levied and collected in the same manner as real property taxes.
In the event that any violation causes an imminent hazard to the general health, safety or welfare, the Village, its employees or agents may immediately enter upon the subject property, whether public or private, and abate the violation. Any personal property so removed by the Village shall be governed by the provisions set forth in above Subsection B(3).