It shall be unlawful for any person, firm or corporation to
design, construct or maintain a highway, private road as well as driveway
or sidewalk, or portion thereof, in violation of any provisions of
this chapter, or fail in any manner to comply with any notice, directive
or order of the Town Highway Superintendent.
Whenever the Town Highway Superintendent determines that there
has been a violation of this chapter or has grounds to believe that
a violation has occurred, or fail in any manner to comply with any
notice, directive or order of the Town Highway Superintendent, a notice
of violation shall be given in the manner prescribed in this article
to the person, firm or corporation thereof in violation of any provisions
of this chapter.
A notice of violation shall be in accordance with all of the
following:
B. Include a description of the real estate sufficient for identification.
C. Include a statement of the violation or violations and why the notice
is being issued.
D. Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring any violation into compliance
with this chapter.
E. Inform the person, firm or corporation of the right to appeal.
F. Include a statement of any applicable penalties and the right to
file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served
if a copy thereof is:
A. Delivered to the person, firm or corporation personally; or
B. Sent by certified mail addressed to the person, firm or business
entity at the last known address with the return receipt requested;
or
C. If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the highway or private road as well as driveway or sidewalk affected
by such notice.
A notice of violation issued or served as provided by this article
shall be complied with by the contractor, applicant, owner, operator,
occupant and other person responsible for the condition or violation
to which the notice of violation pertains.
If the notice of violation is not complied with promptly, the
Town Highway Superintendent is authorized to petition the Town Board
to request the Town Attorney to institute the appropriate proceeding
at law or in equity to restrain, correct or abate violation(s) of
this chapter or of the order or direction made pursuant thereto.