[HISTORY: Adopted by the Town Board of the Town of Amherst 4-7-2008 by L.L. No.
2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 186.
[1]
Editor's Note: This local law also repealed former Ch.
120, Highways, Controlled Access, adopted 2-5-1979 by L.L. No. 1-1979,
as amended.
The Town Board finds that the public interest, health, safety
and welfare will be promoted by providing for controlled-access highways,
as hereinafter defined, within the Town highway system. The Town Board
further finds that the designation of controlled-access highways will
contribute to, protect and enhance the physical and visual environment
of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any Code Enforcement Officer in the Building Department of
the Town of Amherst, New York.
The Commissioner of Building of the Town of Amherst, New
York.
A Town highway in respect to which owners or occupants of
abutting lands and other persons have no legal right of access to
or from the same except at such points only and in such manner as
may be determined by the Town Board.
A Town highway entirely or partly constructed, reconstructed
or improved at a location where no public highway theretofore existed
may be designated by the Town Board, after receiving a recommendation
from the Town Superintendent of Highways, as a controlled-access highway.
The owners or occupants of abutting property or any other person
shall have no right of access as operators of vehicles or in any capacity
other than as pedestrians or bicyclists except at junctions of such
highways with other Town highways and also excepting as such access
may be reserved by the deed or final vesting order describing the
property which has been or which hereafter shall be acquired for the
purpose of such controlled-access highway. In addition, access to
and from abutting properties from which a part has been dedicated
for the purpose of such controlled-access highway may be authorized
by the Town Board. A controlled-access Town highway shall be subject
in all other respects to the provisions of the Vehicle and Traffic
Law, the Highway Law and all local laws and ordinances relating to
Town highways.
The following Town highways or portions thereof are designated
controlled-access highways:
|
Highway
|
Location
|
|---|---|
|
Youngs Road
|
From Sheridan Drive to Casey Road
|
This chapter shall be enforced by the Commissioner of Building
or a Code Enforcement Officer.
A.Â
Unlawful acts. It shall be unlawful for a person, partnership, firm
or corporation to be in conflict with or in violation of any of the
provisions of this chapter. Any offense of this chapter shall be classified
as a violation.
B.Â
Notice of violation. The Code Enforcement Officer shall serve a notice
of violation or order. Such notice shall:
(1)Â
Be in writing;
(2)Â
Include a description of the real estate sufficient for identification;
(3)Â
Include a statement of the violation or violations and why the notice
is being issued; and
(4)Â
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this chapter.
C.Â
Prosecution of violation. If the notice of violation is not complied
with, the Commissioner of Building or Code Enforcement Officer shall
institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination
of the unlawful access to a controlled-access highway.
D.Â
Violation penalties. Any person who shall violate a provision of
this chapter or fail to comply therewith or with any of the requirements
thereof shall be prosecuted within the limits provided by state or
local laws. Each day that a violation continues after due notice has
been served shall be deemed a separate offense. Any person, occupant,
operator or owner who violates any provision of this chapter or any
regulation contained herein is guilty of an offense punishable by
a fine not exceeding $250 or imprisonment for a period not to exceed
15 days, or both.
E.Â
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the Commissioner of Building or Code Enforcement
Officer from instituting appropriate action to restrain, correct or
abate a violation. If the owner of a premises fails to comply with
an abatement or correction order within the time prescribed, the Commissioner
of Building or Code Enforcement Officer shall cause the violation
to be corrected or abated, either through an available public agency
or by contract or arrangement with private persons, and the cost of
such correction or abatement shall be charged against the real estate
upon which the violation is located and shall be a lien upon such
real estate.
