[Amended in its entirety 11-19-1991 by L.L. No. 21-1991]
Definitions; maintenance of sidewalk areas; snow and ice removal.
A. 
Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated:
SIDEWALK AREA
All the area as lies between the face of the curb, or if there is no curb, then that line where the paved roadway ends and where the curb would lie if the same existed, and the property line of the adjacent real property and shall include the curb, sidewalk, whether paved or otherwise, apron and any grass strip, trees, shrubbery or other vegetation and any other real property so located, whether improved or unimproved.
B. 
Duties of the adjacent owner and occupant. The owner and the occupant of any real property shall keep the adjacent sidewalk area in good and safe repair and free from defects, weeds, litter, rubbish, garbage and obstructions of every kind.
C. 
Cutting and trimming grass, hedges and shrubbery. The owner and the occupant of any adjacent real property shall cut the grass within the sidewalk area to a maximum height of four inches. All hedges and other shrubbery within said area shall be kept trimmed at all times so as not to obstruct the free use of the public right-of-way.
D. 
Snow and ice removal. The owner and the occupant of any real property shall, within 12 hours after the snow ceases to fall, remove the snow from the paved public walkway adjacent to such real property and keep the same free from snow and ice. Should the snow be frozen so hard that it cannot be removed without damage to the pavement, the owner and the occupant shall keep the same covered with ashes, sand or other materials so as to enable persons to walk thereon with safety.
E. 
Responsibilities of the owner and occupant in regard to a portion of the public roadway. In addition to the responsibilities described above, the owner and the occupant of real property shall also keep the area adjacent to the sidewalk area up to a distance of 18 inches distant into the public roadway from the face of the curb, or the curbline as previously described, free from weeds, litter, rubbish and garbage of every kind. Any such weeds, litter, rubbish or garbage shall be properly disposed of pursuant to the requirements of this Code.
F. 
Basketball stanchions, backboards and underground sprinkler systems. No basketball stanchions, backboards or underground sprinkler system shall be permitted within the sidewalk area.
G. 
Grass portions of sidewalk area in any residence zone. No grass portion of the sidewalk area shall be covered by brick, blacktop, stone or any other materials.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of § 116-1 of this article, the owner and the occupant shall be liable to all persons injured or whose property is damaged directly or indirectly thereby and shall be liable to the Village of Hempstead to the extent that said Village is required by law or by any court to respond in damages to any injured party.
A. 
Prohibited accumulations. No person shall cause or permit any accumulation of sand, gravel, cinders, topsoil, mud, earth or other material to be placed, deposited, tracked or flowed upon any street or sidewalk area.
B. 
Trash containers restricted. No person shall cause or permit the placement of any commercial trash container, dumpster or storage bin upon any street, except pursuant to a permit issued by the Village Clerk.
C. 
Scope of section. This section shall not be construed to prohibit the storing of building materials on streets or sidewalk areas when such materials are stored pursuant to a permit issued by the Village Clerk.
[Amended 6-15-2010 by L.L. No. 16-2010; 4-19-2011 by L.L. No. 3-2011]
A. 
Removal by Village. If the owner or occupant of any real property shall fail to comply with any of the provisions of this article, within five business days after being notified by personal service or by certified mail, return receipt requested, and regular first-class mail to the last known address of the property owner, the Village may cause the same to be done, and the expense thereby incurred shall be a lien upon the real property affected, and the amount so assessed and levied shall be collected in the same manner as other taxes.
A. 
Permit required. The Village Clerk shall be authorized to issue temporary permits for the placing of building or other materials or for obstructing any street, sidewalk area or other public place, provided that the public interest and convenience will not suffer thereby, but in no event shall such obstruction occupy more than 1/3 of the width of any street, public walkway or other public place.
B. 
Duration of permit. Any permit issued pursuant to this section shall specify the period of time such permit shall be valid.
C. 
Conditions to be met. Application for such permit shall be made, in writing, to the Village Clerk, accompanied by a fee of $40, and such permit shall be granted only upon such conditions as may be imposed by said Clerk and shall further comply with each of the requirements of § 116-32 respecting barriers and lights surrounding such obstructions.
[Amended 5-16-1995 by L.L. No. 3-1995]
D. 
Additional charges. In addition, there shall be a charge of $0.10 per square foot of surface area utilized by such obstruction for every day or fraction thereof for which said permit has been issued. Such area shall be computed by the Director of Public Works or such other person as may be designated by the Board of Trustees.
[Amended 5-16-1995 by L.L. No. 3-1995]
E. 
Insurance against liability resulting from obstruction. Every application for such permit shall be accompanied by a certificate of insurance naming the Village of Hempstead as an additional insured, which certificate shall be issued by an insurance company authorized to do business within the State of New York. The form, amount of coverage and insurance company shall be subject to approval by the Village Clerk, who may waive the requirement that said certificate name the Village of Hempstead as additional insured.
No person shall pass, leave or cause or permit to be placed or left upon any street or sidewalk area any boxes, papers, goods, wares, merchandise, show stands, dirt, sweepings, litter, garbage or refuse of any kind or character whatsoever, unless the same shall be placed for collection in accordance with the provisions of Chapter 74, Article II, of this Code.
No goods, wares or merchandise shall be stored, displayed, offered for sale or sold upon any sidewalk area, fire passageway, exterior lobby, vestibule or similar area, nor shall any such area be otherwise encumbered.
No person shall sell or offer to sell any goods, wares, merchandise or services from premises adjacent to any sidewalk area to persons standing upon any such sidewalk area, nor shall any stands, booths or racks for the sale of goods, wares, merchandise or services be placed upon any sidewalk area.
A. 
Approval required. No person shall plant or permit to be planted any tree or other planting which shall be so located as to affect users of the public right-of-way, unless written approval therefor shall first be obtained from the Village.
B. 
Correction of certain conditions. Any tree or other planting which endangers users of the public right-of-way or obstructs the use thereof shall be properly trimmed, relocated, removed or secured by the owner and the occupant of the real property on which the same is located so as to eliminate the danger or obstruction. Should the owner or occupant fail to comply with the provisions hereof, then the Village may cause notice, in writing, to be sent to said owner or occupant of the property in accordance with the provisions of § 116-4A, setting forth a description of the necessary correction and a completion date, reasonable under the circumstances, but not to exceed 30 days.
C. 
Noncompliance by owner or occupant. In the event that the owner or occupant shall fail to comply with said notice, then the Village may cause the necessary correction to be made, and the expense thereby incurred shall be a lien upon the real property affected, and the amount so assessed and levied shall be collected in the same manner as other taxes.
The Mayor may direct that certain streets shall be closed to traffic during the making of repairs or otherwise upon such terms and conditions as the Mayor shall direct, and such streets shall be suitably marked with signs indicating such closing.
A. 
Permit required. No building shall be moved through any street or public right-of-way, unless a permit shall first be obtained for such purpose as hereinafter provided.
B. 
Application for permit. Application for moving any building shall be made by the owner thereof, in writing, to the Village Clerk, specifying such information as shall be required by the Board of Trustees, including an estimate as to the length of time required to make the move. The application shall be accompanied by a nonrefundable fee of $250. The Board of Trustees shall determine upon what conditions such permit shall be granted, if at all, and what reasonable sum shall be deposited as security with the Village for any damage that might be incurred by the moving of such building.
C. 
Issuance of permit. A permit for moving any building shall be issued by the Village Clerk only upon resolution of the Board of Trustees and shall provide the time and manner and designate the streets and portions of the public right-of-way through which the same shall be moved.
D. 
Moving fee. The applicant shall pay to the Village Clerk a moving fee in the sum of $500 for each twenty-four-hour period or portion thereof as determined by the Village Clerk as necessary to move such building.
E. 
Use of streets and public right-of-way limited. The Board of Trustees shall have the full power and authority to deny the use of any street or public right-of-way and regulate the time that the same may be used for these purposes.
F. 
Insurance against liability. Every application for such permit shall be accompanied by a certificate of insurance naming the Village of Hempstead as an additional insured, which certificate shall be issued by an insurance company authorized to do business within the State of New York. The form, amount of coverage and insurance company shall be subject to approval by the Village Clerk.
G. 
Restoration of streets and public right-of-way. When moving has been completed, the streets and public right-of-way shall be inspected by the Village. If no damage has been caused by such moving, the moving fee described in Subsection D shall be returned to the applicant. If damage has been caused, the applicant shall forthwith repair the same to the satisfaction of the Village, and such moving fee shall be withheld until such repair has been completed to the satisfaction of the Village. If the applicant shall fail or refuse to make such repair within such time as the Village shall designate, the applicant shall be deemed in violation of this Code, and the repair may be made by the Village and charged against such moving fee, and the applicant shall also be responsible to the Village for any deficiency.