[Amended 5-19-2008 by L.L. No. 3-2008]
A. 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.
B. 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.
C. 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.
D. 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]
A. 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.
B. 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.
C. Notwithstanding Subsection
B above, the Village Board of Trustees may, at its sole discretion, reimburse the owner for a mailbox damaged by the operations of Village services in an amount not to exceed $50.
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.
A. 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.
B. Penalties.
(1) 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]
(2) 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.
(3) 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.
(4) 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).