[Adopted 6-4-1996 by L.L. No. 8-1996]
It is the intent and purpose of this article
to provide for safe and unobstructed highways in the Town of Yorktown.
As used in this article, the following terms
shall have the meanings indicated:
a written notice issued in accordance with Article 150 of
the Criminal Procedure Law.
A written notice issued and subscribed by an authorized public
servant directing a designated person to remove any material, including,
but not limited to snow, ice, water, mud or dirt from a public street
or directing a designated person to remove any obstruction or remedy
any unsafe condition on a public street.
Any highway where any part thereof is open to the use of
the public for purposes of vehicular traffic and which highway is
owned, constructed, improved, repaired or maintained by the Town of
Yorktown, and shall include the entire width of the right-of-way of
such highway, including the paved surface, gutters and shoulders.
No person shall obstruct, endanger or interfere
with any public highway by causing, directing, permitting or procuring
the deposit of any material, including, but not limited to snow, ice,
water, mud or dirt to be deposited on any public street or to cause,
permit, allow or direct any other act which results in any obstruction
or unsafe condition on any public street. Whenever any person shall
have been served with an order to remedy violation, each day that
such person shall continue such violation after such service shall
constitute a separate offense punishable by a like fine or penalty.
A.
This article shall be enforced by the Town of Yorktown
Highway Department, the Town of Yorktown Building Department and/or
the Yorktown Police Department.
B.
The Superintendent of Highways, the Building Inspector,
any Assistant Building Inspector, the Code Enforcement Officer, the
Environmental Code Enforcement Office and any Police Officer is hereby
authorized and empowered to issue and serve an appearance ticket to
any person violating the provisions of this article.
C.
The Superintendent of Highways, the Building Inspector,
any Assistant Building Inspector, Code Enforcement Officer, and the
Environmental Code Enforcement Officer may also issue and serve an
order to remedy violations.
D.
Service of any such appearance ticket or of any such
order to remedy violations may be made by personal service or in any
other manner authorized by law. Where any material, including, but
not limited to, snow, ice, water, mud or dirt, is being or has been
deposited on a public street from premises abutting said public street,
an order to remedy violation may be served by leaving a copy of the
same with the occupant of the premises or by affixing a copy conspicuously
at the premises, and by mailing a copy to the owner of the premises
at the address maintained for such owner in the office of the Assessor
of the Town of Yorktown.
A.
A violation of any provision of this article shall
constitute a violation as defined by § 10.00 of the Penal
Law of the State of New York.
B.
Any person being found guilty of a violation of this
article shall be subject to a fine not to exceed $250 or imprisonment
not to exceed 15 days, or both.
C.
In addition, upon the failure of an owner of premises
abutting a town highway to comply with the provisions of an order
to remedy violations, after having been served with a such an order,
the Town of Yorktown Highway Department may cause the obstruction
to be removed or the unsafe condition to be remedied and upon the
completion of the work under the direction of the Superintendent of
Highways, the owner shall be subject to a charge to be fixed and determined
by the Superintendent of Highways with the approval of the Town Board.
During the month of May in each year, the Superintendent of Highways
shall make a list of all such charges and file the same in the Superintendent's
office and give public notice of such filing by publication in the
official newspaper of the Town of Yorktown that said list has been
made and filed and that for 10 days from the date of the second publication
of said notice said list may be examined by any person interested
therein and that upon a day and hour stated in such notice and at
least 10 days after the second publication, the Superintendent of
Highways will attend at the Superintendent's office to hear any objections
to said list and pass upon all objections and, if need be, alter and
correct said list. After said hearing and making the necessary corrections,
if any, the Superintendent of Highways shall attach to the list a
certificate that such hearing has been had and that such list is now
complete and file the same with the Town Clerk and the Receiver of
Taxes, whereupon the Receiver of Taxes shall mail to each owner of
real property included in such list a statement of the amount of charges
against such owner's property. Upon the filing of said list with the
Town Clerk and the Receiver of Taxes, the several sums mentioned in
said list shall be deemed to be assessed against the property as a
lien, and the Receiver of Taxes shall, when extending the next general
tax upon the town assessment roll, place unpaid amounts thereon as
against the property of the person named in said list, and such amounts
shall be collected at the same time, in the same manner and by the
same proceedings as other taxes on said roll. The failure of the addressee
to receive the same shall not in any manner affect the validity of
the lien or the penalties imposed by law with respect thereto.
D.
Notwithstanding the other penalties and remedies herein
provided, the Town Board may maintain an action or proceeding in the
name of the town in a court of competent jurisdiction to compel compliance
with this article, or to restrain by injunction the violation of any
provision of this article.
E.
The foregoing provisions for the enforcement of this
article are not exclusive, but are in addition to any and all other
laws applicable thereto.
