A.
No pole, post, fence, hedge, wall, steps, tree, shrub,
plant, sign or other structure or object shall be placed in the first
five feet of shoulder or sidewalk area of any highway or public right-of-way
measured from the curb or edge of a traveled way; except public utility
poles and structures placed pursuant to a permit issued by the Town;
and except isolated or ungrouped trees, shrubs or plants, provided
that they do not interfere with sight distance, passage or potential
passage of pedestrians or pose a potential hazard or liability for
the Town; and except mailboxes on simple, unelaborate posts.
B.
Additionally, any existing or conditionally permitted
condition may remain, with the understanding that its continued presence
does not convey any permanent license, easement or other vested rights
to the adjoining property owner, but rather is a revocable temporary
license which may be revoked at any time without cause, and furthermore,
that the Town does not accept any liability for damage to such objects
or condition from any activity of the Town or any third party.
Poles, posts, fences, hedges, walls, steps,
trees, shrubs, plants, signs and/or other structures or objects may
be placed in that portion of the shoulder or sidewalk area of a highway
or public right-of-way which is more than five feet measured from
the curb or edge of the traveled way, provided that they do not interfere
with sight distance or pose a potential hazard or liability for the
Town. Objects so placed must be incidental to the normal and permitted
use of the property adjoining the public right-of-way, and the owner
of the adjoining property understands that such installation, by its
continued presence, does not convey any permanent license, easement
or other vested rights to the adjoining property owner, but rather
is a revocable temporary license which may be revoked at any time
by the Town without cause, and that the Town does not accept any liability
for damage to such objects or condition from any activity of the Town
or any third party.
The Commissioner may require the removal of
any permanent street obstruction by serving a written notice by certified
mail on the owner of property which adjoins the public right-of-way
on which the obstruction is located, requiring him to remove the obstruction
within five calendar days in the case of a prohibited act, within
10 days in the case of a conditionally permitted act or existing condition
and within 24 hours if a serious potential hazard or liability for
the Town exists, in the Commissioner's opinion.
If property owner shall fail to remove the obstruction
within the designated time, the Town may perform such removal using
Town forces or a contractor employed for that purpose and shall charge
the cost of such removal and restoration to the owner of the property.
Such charges shall become a lien upon the property until paid.
