[Added 9-8-2014 by L.L.
No. 2-2014]
It shall be unlawful for any person to place or erect (or to
continue such placement or erection) or any property owner to permit
to be placed or erected (or to continue such placement or erection)
on his or her or its property a basketball pole, basketball hoop,
hockey or lacrosse goal, playing field, space or area markers, permanent
marks, permanent stripes or similar object, structure, or device within
or abutting within two feet of the paved (outside) edges of any public
highway, roadway or street in the Village of Minoa or attach any of
the same to a telephone, utility or other pole located area so that
any of same encroaches into or over such portion of the street highway
or roadway right-of-way.
A.
Any such object, structure or device permitted or continued to be
placed or erected in violation of § 136- 20 shall be removed
by the property owner at his, her or its own expense within seven
days after notice of violation of this article is received by said
property owner. Notice of this violation shall be served upon such
owner or owners by certified mail, addressed to his, her or their
last known address, and/or posting of said notice on the premises
and mailing a copy of said notice to the owner at the address or addresses
as recorded in the Receiver of Taxes, on the same date as posted.
B.
Emergency situations. Where any such violative structure or device
is of such a nature as to constitute an immediate threat to human
health or safety unless abated without delay, the Village may either
itself cause the violation to be corrected or order the owner or owners
to correct the violation or condition immediately, and upon failure
to do so, the condition may be corrected pursuant to and subject to
the provisions of this article. In addition, any other remedies set
forth in other provisions of the Minoa Village Code or under New York
State law shall be available.
The Village of Minoa shall have the authority in such emergencies or upon failure to remove/correct same after the required notice, to address and correct (remove) any such violative structures or devices. Whenever a notice or notices referred to in § 136-21 hereof has or have been served in the manner required under § 136-21, and the owner or owners shall neglect or fail to comply with requirements of such notice or notices within the time provided therein, the Village Mayor or Codes Enforcement Officer, may authorize the removal of such violative structures or devices. No such prior notice shall be required in the event of an emergency situation as described at § 136-21B hereof.
Upon review by and a finding of the Village Board of Trustees that the provisions of this article, including, in particular, § 136-21, have been complied with, the Village Board of Trustees may adopt a resolution authorizing that the costs incurred by the Village in effecting the correction (removal) of the violative structures or devices, including any quantifiable internal administrative costs, be paid for out of the general Village funds appropriated by the Village Board of Trustees for such purpose. The Village shall be reimbursed for the cost of such work performed or services rendered, as herein provided, and for any penalties assessed under § 136-24 hereof, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
Anyone found to have constructed or erected or participated in the construction or erection of a structure or device to be in violation of any of the provisions of this Article VI shall, upon conviction thereof, be guilty of a misdemeanor and subject to the penalties provided at Chapter 113 of the Village of Minoa Code entitled "Penalties."
