This chapter shall be known and may be cited as "Rights-of-Way and Regulated Sidewalk Areas."
[HISTORY: Adopted by the Town Board of the Town of Shelter Island 4-25-2023 by L.L. No. 4-2023; amended in its entirety 7-15-2024 by L.L. No. 9-2024. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Material located within the boundaries of a highway including the right-of-way or “shoulder” or a regulated sidewalk area, that interferes with public travel, whether vehicular, by bicycle, or foot, including vegetation, lumber, wood or logs, rocks, pipes, fencing, athletic equipment, merchandise, tables, chairs, and signage.
A paved pedestrian path, three feet in width from the roadside edge of said path.
The land owned by the state, county, or Town which is occupied or intended to be occupied by a road, sidewalk, and/or utility lines, such as electric, gas, oil, water, sanitary sewer or storm sewer. The right-of-way shall include the road, the sidewalk, any grass area or shoulder.
It shall be prohibited for any person, firm, corporation to cause, permit, or allow any obstruction to exist within a right-of-way or regulated sidewalk area. It shall be the responsibility of the property owner or the person in control of the property to immediately remove all obstructions within the right-of-way or regulated sidewalk area adjoining their property and to restore the right-of-way or regulated sidewalk area to its original condition and design.
The Superintendent of Highways, or their designee, or any Town of Shelter Island police officer may, if necessary, provide notice to be served upon the owners or persons in control of the subject property, as hereinafter provided, to remove any obstruction which may exist upon a right-of-way or regulated sidewalk area adjoining their property. If there is an immediate danger to pedestrian, bicycle, or vehicular traffic, the obstruction may be removed immediately by the Superintendent of Highways or his designee, or a Town of Shelter Island police officer without prior notification to the adjoining property owner or person in control of the property.
Whenever the Highway Superintendent or their designee or a Town of Shelter Island police officer requires the owners of land to correct violations of this chapter, the notice shall specify the place, manner, and time within which the subject obstruction shall be removed. The notice shall be served upon such owner or owners personally or by registered or certified mail, return receipt requested, at their last known address.
Whenever a notice has been served upon such owner(s) of the subject property to correct violations of this chapter, and such owner(s) shall neglect or fail to comply with the requirements of such notice within the time frame provided therein, the Highway Superintendent shall be notified of such violation and shall immediately cause such obstruction to be removed. All costs and expenses expended therewith, including the restoration of the subject right of way to its original condition and design, shall be assessed against the land of the adjoining owner, and a statement of such expenses shall be presented to said owner and shall be posted on the subject premises. Such assessment shall constitute a lien upon such land. If the owner fails to pay such expenses within 10 days after the statement is presented or posted, a legal action may be commenced to collect such assessment or to foreclose upon such lien. As an alternative to such an action, the Highway Superintendent may file a certificate of actual expenses incurred, along with a statement identifying the property in connection with which the expenses were occurred and the owner thereof with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in levy against such property, shall constitute a lien and shall be collected and enforced in the same manner by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Shelter Island.
A.
Any person who neglects, refuses, or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $2,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
B.
Each day's continued violation shall constitute a separate additional offense or violation.