No person, firm or corporation conducting or maintaining any place
of business in the entire Village shall keep, use, erect, construct
or maintain any draft lobby in or upon the sidewalks or rights-of-way
in the Village unless the person, firm or corporation obtains a draft
lobby permit from the Village of Dobbs Ferry Building Inspector.
No draft lobby permit shall be issued until the Building Inspector
has approved the proposed draft lobby location and the sufficiency
of the pedestrian pathway.
Before any permit is issued, the applicant shall furnish the Village
with proof of insurance naming the Village of Dobbs Ferry as an additional
insured in addition to a hold harmless and indemnification agreement
holding the Village of Dobbs Ferry harmless from any liability and
indemnifying the Village of Dobbs Ferry. All documents shall be submitted
to the Village Attorney for review and approval.
Any person, firm or corporation which has a draft lobby located on
the sidewalk along any streets or Village rights-of-way in the Village
shall immediately remove same or comply with the terms of this article.
The Building Inspector may deny a draft lobby permit or modify the
above requirements if such draft lobby would interfere with safe pedestrian
passage on a particular area of sidewalk. If the Building Inspector
denies a permit, he/she must state his/her reason(s) for denying the
draft lobby permit, in writing, and mail a copy of the written decision
to the applicant.
The Building Inspector may revoke a draft lobby permit if the violation(s)
continue to exist and after the violator is served with a letter specifying
the violation(s) and fails to remedy the violation(s) within three
days.
The Building Inspector may issue a notice of violation for persons
or entities violating any provision of this article. Such notice shall
be in writing and specify the provision(s) violated, the remedial
action to be taken and the time limit for compliance, which shall
be no less than three days from the date of the mailing of the notice
of violation.
If a person, firm or corporation willfully and consistently fails
to comply with the provisions of this article, the Village may take
any necessary steps to ensure a clear pedestrian pathway of at least
4 1/2 feet and assess against such party the costs of maintaining
such pedestrian pathway.
Right of appeal. Any holder of a draft lobby permit who has had his/her
permit revoked or who has been ordered by the Building Inspector to
incur expense in connection with the clearing or maintenance of a
draft lobby, or any applicant whose application has been denied, may
appeal to the Board of Zoning Appeals within 15 days of such revocation,
order or decision. The permit holder or the applicant may be heard
during the Board of Zoning Appeals' hearing of the application.
Prior to the issuance of a draft lobby permit, a fee as set
from time to time by the Board of Trustees to cover the cost of the
permit shall be paid to the Village Clerk.