[Adopted 1-13-2005 by L.L. No. 1-2005[1]]
A.
The Board of Trustees of the Village hereby finds
that there exist private streets in the Village that are privately
owned or that have never been formally dedicated to public use but
that, nonetheless, are streets to which the public at large has both
vehicular and pedestrian access and are frequently used for such purpose.
The Board of Trustees further finds that, although some streets are
regularly and adequately repaired and maintained by the adjoining
or nearby property owners, there are other private streets that are
in a serious state of disrepair and neglect, having broken pavement,
no pavement, potholes, ruts, ridges and unstable subsurfaces, or are
inadequately maintained and in need of improvement; that such streets
pose a serious safety hazard in that use thereof by the public and
by public emergency vehicles, such as fire, police, and ambulance
vehicles, presents a constant danger of personal injury and serious
property damage or a health hazard by reason of unsanitary conditions;
and that no adequate procedures exist to ensure that such privately
held/owned streets are repaired, maintained and/or improved so as
to meet minimum standards of public health, safety, and welfare.
B.
The Board of Trustees hereby finds that it is essential
that it utilize its authority to protect the health, safety, and general
welfare of persons and property in the Village and to require that
privately owned streets be maintained by their owners in accordance
with established standards [Municipal Home Rule Law § 10(1)(ii)(a)(12)].
This would promote the public welfare by ensuring that private streets
are safe, remain passable, and can safely be used by emergency vehicles
such as police cars, ambulances, and fire trucks [informal opinion
of the Attorney General, Opn. No. 99-17].
A.
The provisions of this article shall apply to all
private streets and portions of streets in the Village that are:
(1)
Either privately owned or not maintained by the Village
or the County of Nassau or the Town of Hempstead.
(2)
Streets to which the public has access, over private
streets or adjoining streets connecting with public streets, for the
purpose of vehicular and pedestrian access to and from private property,
garbage and refuse pickup, mail delivery or access for public emergency
vehicles, including, but not limited to, police, fire, and ambulance
vehicles.
(3)
In such a state of neglect, disrepair or proper maintenance
as determined by the Village engineers and Village Mayor that, without
grading, paving, drainage, snow removal, and other improvements, the
use thereof presents a danger of personal injury or serious property
damage or creates a health hazard because of unsanitary conditions.
Snow in excess of five inches shall be considered an "emergency situation,"
which will require plowing by the Village or its agents.
B.
With the exception of emergency circumstances, once
a private street has been determined to be in such a state of disrepair
that the health, safety, and welfare of the community is at risk,
a public hearing shall be held to propose the means necessary to properly
repair or maintain the private street. Such notice shall be published
in the official newspaper of the Village at least six weeks prior
to such hearing, and by certified mail, return receipt requested,
to each owner of all properties as shown on the tax records of the
Village who borders on the private street in question.
C.
Within 30 days after the closing of such public hearing,
the Board of Trustees shall, by resolution, adopt a street improvement/maintenance
plan or shall disapprove such street improvement/maintenance plan.
D.
In the event that the Board of Trustees shall cause
the proposed maintenance/improvement work to be completed, with the
various property owners making payment for costs of same, and there
is a balance unpaid and due from any property owner or owners benefiting
from such maintenance/improvement work having been performed or provided
for herein, and the Village has been notified of such balance due
on behalf of such property owner or owners referred to hereinafter
as "recalcitrant property owner or owners," the Board of Trustees,
after reasonable notice to said recalcitrant property owner or owners,
shall adopt a resolution to hold a public hearing pursuant to the
applicable provisions of the Village Law so as to effectuate an assessment,
levy and collection for said proportionate unpaid sums due, as described
hereinafter, against said recalcitrant property owner or owners. Notice
of such public hearing to effectuate an assessment, levy and collection
for such sums due against said recalcitrant property owner or owners
shall be published in the official newspaper of the Village at least
14 days prior to such hearing, and in addition thereto, copies of
such notice shall be sent by the Village Clerk or Deputy Clerk by
certified mail, at least seven days prior to such hearing, to such
recalcitrant owner or owners, as shown on the tax records of the Village.
Such notice shall advise such recalcitrant owner or owners of said
action to be taken as a result of said balance due. The affidavit
of the mailing of said Clerk or Deputy Clerk shall be conclusive proof
of such mailing. At the conclusion of said public hearing, the Board
of Trustees shall proceed, by resolution, to finally fix, adopt and
confirm a local assessment, assessing the proportionate cost of such
street or through street maintenance/improvement work against each
recalcitrant property owner or owners on said street as provided for
herein.
E.
In the event that the Village has caused any maintenance/improvement
work to be performed to protect the health, safety, and welfare of
its residents, in whole or in part, and has paid for the costs of
same, and the Village has also incurred administrative and professional
costs and reasonable Village Attorney fees and expenses of the survey
and report and costs of the public hearing, including publication
costs and public stenographic fees, and any other necessary costs
incurred by the Village, the Village Board of Trustees may, subject
to the Village Board's discretion, assess, levy and collect on behalf
of the Village the total of said costs and expenses proportionately
against all properties abutting the subject street where a private
street is the subject.
F.
With reference to all private streets identified in § 125-17, the Board of Trustees finds that if a private street or portion thereof is maintained or improved as provided for herein, the costs of the same shall be borne or paid for proportionately by all of the property owners of that particular street.
The following streets in the Village are open
to the public and are not presently maintained by the Village, the
County of Nassau, or the Town of Hempstead:
The Board of Trustees hereby determines that
the fair method of determining the costs to each property owner for
such maintenance/improvement is and shall be by assessing, with reference
to the private streets, each buildable or improved parcel of land
bordering on the private street with frontage or side yard abutting
thereto in proportion to the total number of such parcels bordering
said private street.
The Board of Trustees, in the event of nonpayment
of such proportionate costs by any such recalcitrant property owner
or owners, shall impose a levy in the amount of such balance due,
plus statutory interest, as allowed by law, against the property owned
by said recalcitrant property owner or owners by adding said total
sum due to the Village tax on said real property, and the Board of
Trustees shall from time to time take such action, as it deems advisable
as permitted by law, to collect said sums due against such real property.
Upon collection by the Village of said proportionate
unpaid sums due, the Board of Trustees shall, if permitted by law,
pay over said proportionate unpaid sums so collected to the party
or parties who paid the costs of such maintenance/improvement costs
on reasonable certification of payment of same, less the aforesaid
costs and expenses incurred by the Village.
A.
Nothing herein contained shall be deemed to repeal,
supersede or otherwise affect any provisions of the Village Law, or
other laws of the State of New York, empowering the Village to lay
out, alter, widen, narrow, discontinue or accept the dedication of
a street in the Village; to acquire streets by prescription; to grade,
pave, drain, construct, repair, repave, maintain and improve streets,
sidewalks and curbing; to finance the costs thereof; and to apportion
and assess the cost of such improvements by special or local assessments
as provided by law.
B.
The invalidity of any word, section, clause, paragraph,
sentence, part or provision of this article shall not affect the validity
of any other part hereof that can be given effect without such invalid
part or parts.
[Added 7-10-2014 by L.L.
No. 2-2014]
A.
The Board of Trustees hereby finds that it is essential to utilize
its authority to protect the health, safety and general welfare of
persons and property in the Village and hereby requires that any homeowner,
resident or contractor that performs building, landscaping or construction
renovations on a house or accessory structure shall replace that portion
of the street coterminous to the property, across to such other side
of the street, if said street was affected by the renovation or construction
work, whether a public or private street, to the condition it was
before the renovation work and to a manner consistent with the Village's
engineering, grading and drainage standards for streets and thoroughfares.
B.
The failure of any homeowner, resident or contractor to repair the street or thoroughfare as mandated by Subsection A shall cause the Village to make any repairs and/or restoration it deems necessary, and the actual cost thereof, plus the accrued rate of interest per annum, shall be charged to the homeowner in accordance with other provisions of the Village Code.
