[1]
Editor's Note: The title of this article was changed from
“Sidewalk and General Property Maintenance” to “Sidewalk
Maintenance” 2-4-2013 by L.L. No. 2-2013.
No person shall place or cause to be placed
any casks, boxes, wood, stones, merchandise or other substance in
any street or sidewalk within the village so as to obstruct or otherwise
interfere with their use by the public, except upon written consent
of the Superintendent of Public Works.
No person shall construct, erect, maintain or
use or cause to be constructed, erected, maintained or used any drainage,
drain or pipe which shall cast any surface or roof waters over, upon
or across any public sidewalks.
[Added 9-10-2007 by L.L. No. 6-2007[1]]
A.
If the provisions of this article are not complied
with, the Village Clerk, at the direction of the Mayor or any Trustee,
Superintendent of Public Works or the Codes Enforcement Officer, only
after consultation with the Codes Enforcement Officer or Village Attorney,
shall serve notice upon the owner or occupant of any such real property
to comply with the provisions of this article, and, if no such person
can be found, by posting the notice on the premises and mailing via
registered and certified mail, with or without return receipt request,
a copy of the notice to the premises, or to the owner or occupant
of the premises, as shown on the current tax roll for Village taxes.
Such notice shall specify the place, manner and time within which
such work shall be commenced and completed. The time for commencement
and shall not be less than five days and the time for completion shall
be reasonably based on the type of work required and length of time
it shall take to complete if prosecuted in an expedited fashion. The
time for removal with respect to ice and snow shall be not less than
eight hours.
B.
Emergency or exigent situations. The foregoing notwithstanding,
where the violation or conditions existing on the premises or lands
are of such a nature as to constitute an immediate threat to human
health or safety unless abated without delay, the Village may order
the owner and/or occupant to correct the violation or condition forthwith
and upon failure to do so, the condition may be abated pursuant to
and subject to the provisions of this chapter. Such order may be by
notice as provided herein or by other documented means reasonably
intended to immediately communicate the urgency of the situation such
as via email, telephone, facsimile or verbal communications. In addition,
any other remedies set forth in other provisions of the Village of
Minoa Code or under New York State law shall be available.
C.
Repeat offense. Where the premises were subject to a previous proceeding under § 136-15A relative to the same or similar, related or resultant violation or condition within 120 days prior to the occurrence or recurrence of the violation or condition subject of the instant proceeding, then the Village may cause the violation to be abated or order the owner to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the condition may be abated pursuant and subject to the provisions of this chapter. In addition, any other remedies set for in other provisions of the Village of Minoa Code or under New York State law shall be available.
D.
Failure to comply. Whenever a notice or notices referred to in the previous § 136-15A, B and C hereof has or have been served in the manner required under § 136-15A, requiring such owner or occupants of the respective lots or parcel of land to correct the failure of general property maintenance compliance, as required at § 136-14A through H, and if such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided herein, the Mayor, Superintendent of Public Works or Codes Enforcement Officer may authorize the work to be done.
E.
Reimbursement of costs; assessment upon real property. Upon review by and a finding of the Village Board that the provisions of this Chapter 136, including in particular §§ 136-15A and D hereof, have not been complied with or satisfied, and in the case of § 136-15B that a bona-fide emergency or exigent condition existed, the Village Board may adopt a resolution authorizing that the costs incurred by the Village in performance of the work be paid for out of general Village funds appropriated by the Village Board for such purpose. The Village shall be reimbursed for the cost of the work performed by direction of the Village Board, plus a service charge of 30% thereof to cover the cost of supervision and administration, and for any penalties assessed under Article IV, § 136-18 hereof, by assessment and levy upon the lots or parcels of land wherein such work was performed and supervised/administered, 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. In addition, in the event of a violation of § 136-14H, 147-7, 147-8, 147-9, 147-9.1 or 68-3 of the Village Code, such vehicle maybe immediately towed, flatbedded or otherwise removed upon the request of an official of the Village, Village Fire Department or police agency, and the cost of any towing, flatbed or similar removal, plus 30% administrative costs, shall be assessed in the foregoing manner upon the owner, registered person, or other user of such vehicle and upon the real property of any owner or occupant deemed to be the owner, registered person or person otherwise using such motor vehicle or trailer.
[Amended 4-21-2008 by L.L. No. 3-2008]
F.
Filing of notice of intent to levy. Whenever the Village has ordered the reimbursement for the costs of the work performed or services rendered as hereinabove provided in § 136-15E by assessment and levy upon the lot or parcels of lands whereon such work was performed or such services rendered, the Village Clerk may cause a notice of intent to levy such costs and expenses against said lots or parcels of land in a form approved by resolution of Village Board from time to time hereinafter, to be recorded in the records of the Onondaga County Clerk's Office in order that such notice shall be indexed against the said premises or parcels of land as notice to subsequent transferees or other acquiring any interest in said lots or parcels of land of the intention by the Village to assess and levy the amount of such expenses upon said lots or parcels of land. Any recorded fees of the Onondaga County Clerk shall be included in the costs and expenses assessed and levied upon such lots or parcels. The failure of the Village Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses later imposed against such lots or parcels of land, the owner(s) hereof or any subsequent transferees or others acquiring any interest in such lots or parcels of land.
G.
Additional rights/remedies. In addition to and separate
from any of the foregoing standards, enforcement procedures and penalties
provided, any condition caused or permitted to exist in violation
of any of the provisions of this article and which are/is determined
to be a threat to public health, safety, and welfare is hereby deemed
a nuisance, and as such, may be summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken as provided for
under applicable law. This remedy shall be in addition to and separate
from the remedies otherwise provided for hereunder.
A.
Prohibitions. No person shall ride or drive any horse
or other animal or drive or draw any vehicle along or upon any sidewalk
in the village, except as permitted by § 1225-a of the Vehicle
and Traffic Law.
[Added 9-10-2007 by L.L. No. 6-2007]
It shall be unlawful for any person to resist, obstruct or interfere with the Codes Enforcement Officer, Superintendent of Public Works or any other officer, contractor or agent or employee of the Village during the performance of such work as set forth in § 136-15D hereof.
