[HISTORY: Adopted by the Board of Trustees
of the Village of Atlantic Beach 10-10-1962. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, firm, association, partnership or corporation.
[Added 2-9-1998 by L.L.
No. 1-1998]
Any street open to the public for its full width from property
line to property line, including the sidewalk area, whether or not
installed.
Any property available to, or open to use by, all or a majority
of the property owners or residents of the Village of Atlantic Beach.
[Amended 12-4-1968; 2-9-1998 by L.L. No.
1-1998; 11-19-2018 by L.L. No. 6-2018]
No person shall do, perform, suffer, cause or
permit and it shall be unlawful for any person to do, perform, suffer,
cause or permit any of the following acts or things within the corporate
limits of the Village of Atlantic Beach without written permission
from the Board of Trustees, Village Clerk or Building Inspector.
A.
Dig, remove or carry away any stone, earth, sand or
gravel from any public highway or public place.
B.
Break, injure, destroy, cut down or remove any tree
or shrubbery planted in or growing upon any public highway or public
place, or to fail to remove broken or cut portions thereof after written
notice from the Board of Trustees, Village Clerk, Building Inspector
or Police Commissioner.
C.
Plant any trees, hedges or bushes or construct any
wall, fence or other obstruction or decorative structure within or
upon any public highway or public place or to fail to remove same
after written notice from the Board of Trustees, Village Clerk, Building
Inspector or Police Commissioner.
D.
Erect or maintain any building or structure or any
part thereof wholly or partly within the lines of any public highway
or public place or shall fail to remove any such building or structure
after written notice from the Board of Trustees, Village Clerk, Building
Inspector or Police Commissioner..
E.
Fail to remove, after written notice from the Board
of Trustees, Village Clerk, Building Inspector or Police Commissioner
any building or structures or any part thereof, owned by such person
and now erected and existing wholly or partly within the lines of
any public highway or public place.
F.
Permit hedges, bushes or shrubbery to grow, or to
construct any wall or other obstructions, upon privately owned property
at the intersection of any public highways which obstructs the view
of persons operating vehicles at or through such intersection and
fail to remove same after written notice from the Board of Trustees,
Village Clerk or Building Inspector.
G.
Fail to keep any sidewalk or sidewalk area abutting
property owned by or under the control of such person free of sand,
dirt, weeds, rubbish and obstructions. For the purposes of this subsection,
"sidewalk area" is defined as those portions of any public highway
within four feet of the property line of land not within such highway.
H.
Drive, ride, place or lead any motor vehicle, motor
cycle or bicycle, upon or across any sidewalk or sidewalk area; for
the purposes of this subsection, "sidewalk area" is defined as those
portions of any public highway within 10 feet of the property line
of any land not within such highway. This subsection shall not apply
to that portion of the sidewalk or sidewalk area contiguous to public
or private driveways.
I.
Move any building or structure upon any public highway
or public place; a permit from the Board of Trustees shall in no event
be granted unless plans as to present structure and site, the moving
route and the destination and future site, if within the Village of
Atlantic Beach, are submitted to the Board of Trustees and filed with
the Village Clerk, together with a public liability insurance policy
issued by an insurance company licensed to do business in the State
of New York, protecting the Village of Atlantic Beach against liability
for personal injury to the extent of $100,000 for injury to any one
person, and $200,000 for injury in one occurrence, in connection with
the moving of such building, and against liability for property damage
to the extent of $50,000 together with a bond of surety company licensed
to do business in the State of New York in the principal sum of $10,000
guaranteeing the moving of said building, in accordance with the plans
as filed and permit as issued.
J.
Construct or install a drain within any public highway
or public place.
K.
After written notice from the Board of Trustees, Village
Clerk or Building Inspector, all owners of land shall be required
to trim the trees, shrubs, bushes and hedges in front thereof so that
the branches or limbs shall not obstruct the passage along the sidewalk,
street, highway or public place; or which branches or limbs obstruct
the lights on poles or traffic signals to persons using the sidewalks,
streets, highways or public place either as a pedestrian or operating
a vehicle on the street or highway.
[Amended 2-9-1998 by L.L.
No. 1-1998]
Every person convicted of a violation of any
of the provisions of this chapter shall be punished by and subject
to a fine of not more than $500 or imprisonment not to exceed 15 days,
or both, for each such violation.
[Amended 12-4-1968]
In the event of the failure of any person to remove materials or articles referred to in Subsections B, C, D, E, F or G or to trim the trees pursuant to Subsection K of § 168-2 of this chapter, the Board of Trustees of the Village of Atlantic Beach, or its duly authorized agents, servants or employees, may lawfully enter upon the premises on which said materials or articles are situated and remove the same, and the expense of such removal shall be a charge against the person or persons who have caused or maintained or failed to remove the same, and the amount of such expense may be sued for and recovered with costs by the Village of Atlantic Beach in any jurisdiction. Whenever execution upon any judgment recovered by said village, pursuant to the provisions of this chapter, against the owner of real property from which or adjacent to which such materials or articles were removed, shall have been returned wholly or partially unsatisfied, said judgment for the amount unsatisfied shall be a lien upon said premises and have preference over all other liens or encumbrances whatsoever. In the alternative, the expense of such removal hereinabove referred to may be added to the next levy of taxes by said village and be collected in the same manner as the real estate tax levied against said premises.
