[Amended in its entirety 11-19-1991 by L.L. No.
21-1991]
Definitions; maintenance of sidewalk areas;
snow and ice removal.
A.
SIDEWALK AREA
Definitions. For the purposes of this chapter, the
following terms shall have the meanings indicated:
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.
