Properly maintained roads which are open to use by the general
public are declared to be of importance to the health and safety of
the inhabitants of this Village. The safeguarding of the material
rights of the public against unwarranted dangers and hazards in said
roads are deemed essential to the economy of the Village and the general
welfare of its inhabitants. Improperly maintained public and private
roads are detrimental to the health, safety and general welfare of
the Village and can create serious hazards increasing the risk of
injuries to passengers in motor vehicles, pedestrians and personal
property.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the associated
meanings:
OWNER
The person(s) having record title to the real property on
which a private road is located.
PRIVATE ROADS
Every road, lane, way or place in private ownership which
is open to free, unrestricted use and general right of passage by
the public for motor vehicle traffic.
ROADWAY
That portion of the private road ordinarily used for motor
vehicle traffic.
Every owner of a private road within the Village of Avon shall
be required to maintain the private road as provided in this chapter.
[Amended 6-3-1986 by L.L.
No. 4-1986]
A. Designated. The Zoning Enforcement Officer shall be the enforcement
officer of this chapter.
B. Duty to inspect, service of notice. He or she shall from time to
time inspect all private roads within the Village of Avon. Whenever
he or she determines that a private road is not being maintained,
improved or repaired in accordance with the provisions of this chapter,
he or she shall serve a notice in writing either personally or by
certified mail upon the owner or owners thereof demanding compliance
with this chapter.
C. Contents of notice. Such notice shall specify the work to be performed
and establish a reasonable time to complete the work, which in no
event shall exceed 30 days except when weather or other conditions
make performance of the work impracticable. A request for an extension
of the time to perform the work may be granted by the Zoning Enforcement
Officer when appropriate. Such notice shall also contain a requirement
that the owner or owners shall within 10 days after receipt of the
notice advise the Zoning Enforcement Officer in writing that the work
will be performed within the time limit specified or that a request
for extension be made for good cause.
D. Failure of owner or owners to comply. Upon the failure of the owner
or owners of the private road to notify the Zoning Officer or to perform
the work within the designated time limit, the Zoning Enforcement
Officer shall make a written report thereof to the Board of Trustees.
[Amended 6-3-1986 by L.L.
No. 4-1986]
A. Institution of proceedings. Whenever the Board of Trustees shall
determine that a private road is not being maintained as provided
in this chapter, the Board of Trustees shall give notice to the owner
or owners thereof by causing the owner or owners to be served personally
with a notice of hearing, or in the event that the owner or owners
thereof cannot be served personally in the State of New York, by publishing
a notice in the official newspaper that a hearing will be held not
less than 10 days after the date of service or publication of notice.
B. Contents of notice. The notice shall contain the following information:
(1) The date, time and place of public hearing before the Board of Trustees
within the Village of Avon.
(2) The condition of the private road which does not comply with the
standards of this chapter.
(3) The proposed work that the Village intends to perform to make the
private road conform with the standards of this chapter.
(4) An estimate of the total cost to perform such work, including costs
of service or publication; engineering, stenographic and legal services;
the actual cost of construction and materials; together with a surcharge
of 25% of the foregoing costs to reimburse the Village for administering
and supervising the work.
C. Public hearing.
(1) At the time, date and place of hearing, the Board of Trustees shall
conduct the hearing and shall hear all interested persons.
(2) The Board of Trustees may adjourn the hearing at any time without
giving further notice, except to announce the time, date and place
of the adjourned hearing at the close of the scheduled hearing.
D. Determination by the Board of Trustees. As soon as practicable after
the hearing, the Board of Trustees shall determine:
(1) Whether or not the private road shall be maintained, improved or
repaired, and the amount and type of work to be performed.
(2) If the private road is to be maintained, improved or repaired, whether
or not the Village shall perform the work by contract or by Village
employees and the estimated cost thereof.
(3) The owner or owners of the private road responsible for such work
and, if more than one, the proportionate share that each shall bear
as may be just and equitable.
E. Filing with Village Clerk. The determination of the Board of Trustees
shall be filed with the Village Clerk and a copy of such determination
shall be served either personally or by certified mail on the owner
or owners responsible for such work.
[Amended 6-3-1986 by L.L.
No. 4-1986]
A. If the Board of Trustees shall determine that work shall be performed
by the Village of Avon, it shall cause same to be done either by Village
employees or by contract.
B. In case the work is to be performed by contract, it shall comply
with all the provisions of the General Municipal Law for the letting
of contracts, in particular, § 103 of the General Municipal
Law.
[Amended 6-3-1986 by L.L.
No. 4-1986]
A. Upon the completion of the work, the Zoning Enforcement Officer shall report to the Board of Trustees listing all costs chargeable to the owner or owners thereof as specified in §
36-6B(4).
B. Action by Board of Trustees.
(1) Upon receipt of the report from the Zoning Enforcement Officer, the Board of Trustees shall cause a notice of a public hearing to be served in the same manner as provided in §
36-6A.
(2) Contents of notice. The notice shall contain the following information:
(a)
The time, date and place of the public hearing.
(b)
The amount to be assessed and levied as contained in the report
of the Zoning Enforcement Officer.
(c)
The owner or owners' proportional share.
(3) Conduct of hearing. At the time, date and place of hearing, the Board of Trustees shall conduct the hearing and shall hear all interested persons. Adjournments may be made as provided in §
36-6C.
(4) Assessment and levy. Upon conclusion of the public hearing, or as
soon thereafter as practicable, the Board of Trustees shall assess
the owner or owners of the private road. It may modify or correct
the same but no assessment shall be increased without notice to the
owner and the opportunity to be heard. The assessment shall be filed
in the office of the Village Clerk, and it shall publish notice of
such completion and filing in the official paper, and any person deeming
himself aggrieved thereby may, within 15 days after the filing of
such assessment, apply to a court of record for an order of certiorari
to review said assessments. The apportionment, the assessments and
the determination shall be deemed final and conclusive unless such
an application be made within such 15 days.
(5) Collection. All assessments levied against real property or herein
provided shall be collected pursuant to § 5-518 of the Village
Law.
C. In case the assessment together with Village taxes remains unpaid
after the lapse of 30 days from the return of the Treasurer, an action
may be maintained pursuant to § 1440 of the Real Property
Tax Law and enforcement proceedings may also be taken in accordance
with the provisions of § 990 of the Real Property Tax Law.