[HISTORY: Adopted by the Board of Trustees of the Village of Oxford: Art. I, 1-17-1955 as Ch. 7, Ord. 7.1 through 7.3, 7.5 through 7.9, 7.13, 7.16 and 3.3, of the 1955 compilation; Art. II, 5-3-1994 as L.L. No. 1-1994. Amendments noted where applicable.]
[Adopted 1-17-1955 as Ch. 7, Ord. 7.1 through 7.3, 7.5 through 7.9, 7.13, 7.16 and 3.3, of the 1955 compilation]
No person shall deposit any material designed for use in building construction or for other purposes upon any street or sidewalk in the village, or in any other manner obstruct or impede free travel upon such street or sidewalk, unless a permit has been issued therefor.
As a prerequisite to securing a permit, each applicant must file with the Village Clerk a statement containing:
No materials may be placed upon any street or in any gutter, curb or sidewalk despite such permit except in the place and manner designated by the Commissioner of Streets and Sidewalks.
Every person who places or deposits any materials upon a street, gutter, curb or sidewalk shall mark the location thereof by a barrier or fence bearing warning signs and distinguished by lighted red lanterns or flares after dark, to adequately apprise the public of the presence of the hazard.
No person shall throw, deposit, sweep or cause the accumulation of ashes, refuse, debris, dirt, grass clippings, leaves, waste or garbage upon any street, sidewalk or public place or in any private street, land or premises.
No person shall burn leaves, paper or refuse of any kind on any street or public place in the village.
No person, persons or corporation shall use, drive upon or drive over any of the macadam or paved streets or highways of the Village of Oxford any tractor or vehicle which has wheels with metal lugs.
It shall be the duty of every property owner or occupant to keep the sidewalk and curb adjoining his premises in a safe, passable condition. For failure, upon notice by the Village Clerk of not less than twenty-four (24) hours, to make such repairs as are specified as to place and manner, the Board of Trustees may cause the same to be done and assess the expense thereof upon the adjoining land.
[Amended 8-17-1965 ]
The owner or occupant of any premises failing to keep the contiguous sidewalks free from dirt, filth, weeds and other encumbrances, or failing to clear such sidewalks of snow and ice within twenty-four (24) hours after such snowfall has fallen or such ice has formed, shall be guilty of maintaining a public nuisance and shall be subject to penalties as provided in § 248-14.
In addition to such penalties, the village may cause such dirt, filth, weeds, encumbrances, snow or ice to be removed and shall assess the cost of such removal against the owner of the property. This charge shall be considered a lien against said property, subject to addition to the Village Tax Roll and to the assessment of an additional fee of three dollars and fifty cents ($3.50).
The owners of buildings adjacent to public streets and sidewalks shall prevent the accumulation of snow, ice or water thereon and shall prevent the falling of snow, ice and water from such buildings upon such streets and sidewalks.
No person shall erect or hang, or permit to be erected or hung or maintained, upon any building owned or occupied by him an awning or canopy, any part of which shall project in, over or upon any of the streets, sidewalks or public places unless such awning or canopy is at least seven (7) feet above the sidewalk upon such street or public place.
No goods, wares or merchandise shall be sold at auction or otherwise displayed upon the sidewalks or crosswalks in the Village of Oxford, nor in any streets in front of any house, store or tenement, without permission from the Board of Trustees.
No persons shall erect or build, or cause to be erected or built, any building or buildings, fence or structure of any kind to stand over the line of any street; and if any such buildings, fence or fences or structures shall be found to project over or stand over the street line, the owner or owners, or the person causing the same to be erected, shall, within fifteen (15) days after they shall be required so to do by the Mayor or any of said Trustees or the Clerk of the Board of Trustees, by order of the Board, remove the same.
No person, firm or corporation shall erect or replace any telegraph, telephone, electric light or other pole or post or mailboxes or fences nearer than two (2) feet to the back of any curb or gutter along any of the streets or roads in the Village of Oxford, or erect or replace the same, or string any wires or fixtures thereon, without first obtaining the written consent of the Board of Trustees of said village, and all poles or mailboxes or fences nearer than two (2) feet to the back of the curb or gutter along the streets or roads of Oxford must be removed.
Every person, firm or corporation or any employee, agent, manager or officer thereof who shall violate this Article shall, for each offense, on the conviction thereof, be punished by a fine of not more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both. Together with all damages resulting by reason of not complying with said Article; however, that said last-mentioned penalty shall not be imposed unless a written copy of said Article and notice of the violation thereof shall have been served upon such person, firm or corporation or some officer thereof. If the owner fails to comply with the aforementioned provisions, it shall be lawful for the municipality to remove what is necessary, and the exact cost thereof shall be assessed to the owner.
[Adopted 5-3-1994 as L.L. No. 1-1994]
No action or special proceeding shall be prosecuted or maintained against the Village of Oxford, the Village of Oxford Superintendent of Public Works, other officer, agent, employee or appointee of the Village of Oxford for personal injury, wrongful death or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Village of Oxford, the Village of Oxford Superintendent of Public Works, other officer, agent, employee or appointee of the Village of Oxford for the defective, unsafe, out-of-repair, dangerous or obstructed condition, including the existence of snow, ice, loose gravel or other foreign substance thereon, of any village-owned, -leased or otherwise -controlled property of any kind, including but not limited to streets, roads, highways, sidewalks, bridges, lands, culverts, sluices, road or traffic control signs, trees, poles, standards, gravel pits, driveways, buildings and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, recreation areas, swimming areas, pavilions, waterlines, sewer lines and utilities, either aboveground or underground, unless written notice thereof was actually given to the Village Clerk of the Village of Oxford previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such conditions complained of.
Such written notice shall contain the name and address of the person(s) giving such notice, date of existence and condition complained of and specify the particular place where such condition is alleged to exist.
The Village Clerk shall transmit in writing to the Board of Trustees of the Village of Oxford within ten (10) days after the receipt thereof all written notices received by said Village Clerk.
The Village Clerk of the Village of Oxford shall keep an indexed record, in a separate book, of all written notices which she shall receive pursuant to this Article, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. All such written notices shall be indexed according to the location of the alleged condition complained of. The record of each notice shall be preserved for a period of five (5) years after the date of its receipt.
Nothing herein shall be construed as enlarging in any way the liability of the Village of Oxford, the Village Superintendent of Public Works or other officer, agent, employee or appointee of the Village of Oxford.
Nothing herein shall be deemed in any way to alter or amend the time limitations or service requirement of §§ 50-e through 50-i of the General Municipal Law of the State of New York as the same now exists or may be hereafter amended.