[Added 9-7-1978 by L.L. No. 5-1978]
The overhead installation of electric service
is dangerous, unsightly and a detriment to the preservation of public
health, the protection of property and the safety and welfare of the
residents of the Village of Westbury. The overhead installation of
wires is unsightly and constitutes a potential peril to the safety
of persons on the public thoroughfares in the Village of Westbury.
The control of installation of electric service within the Village
of Westbury is therefore regulated for the preservation of public
health, safety and welfare of the residents of the Village of Westbury.
As used in this article, the following terms
shall have the meanings indicated:
Includes the takeoff from the underground cable or conduit
maintained by the public utility in the bed of the street or highway
in any business or industrial zone to the meter connection on or in
any privately owned building or structure.
Includes the legal owner, contract purchaser, a tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Village of Westbury.
Includes all structures within any business or industrial
zone in the Village of Westbury fronting on a street or highway in
which underground services are installed by the public utility.
The Building Inspector of the Village of Westbury
shall make all inspections hereunder and shall enforce all violations
of the provisions hereof.
It shall be unlawful for any person, firm or
corporation, either as owner, occupant, lessee, agent, tenant or otherwise
of any private property, within the business or industrial zones of
the Village of Westbury to continue to use overhead electric service
on any street or highway in which the public utility now or hereafter
maintains underground cables or conduits later than 45 days following
the installation and operability of such underground electrical service
system in the public street on which such premises are located, or
within 45 days after the effective date of this chapter, whichever
date is later.
If the provisions of the foregoing section are
violated, the Village Clerk shall serve written notice, either personally
or by mail, upon the owner, occupant or person having charge of any
such private property to comply with the provisions of this chapter.
The Village Clerk may determine ownership of any parcel of land within
the Village of Westbury from the then current tax roll of the Village
of Westbury and may serve written notice upon such owner by mailing
by certified mail such notice to the then owner at the address listed
in the then current tax roll. In the event that the Village Clerk
cannot determine the owner or address of the owner of a parcel of
land within the Village of Westbury, the Village Clerk may serve written
notice by publishing the same in the official newspaper of the Village
of Westbury for two consecutive weeks. The notice shall be in substantially
the following form:
To the owner, occupant or person having charge
of land within the Village of Westbury known as
Notice is hereby given that you are maintaining
an overhead electric service in violation of local law adopted by
the Village of Westbury. This service must be removed within 30 days
from the date of this notice.
In the event that notice is served upon you
by publication, the service must be removed within 45 days from the
date of the first publication of this notice.
In case you fail or refuse to comply within
the time allotted, the necessary work will be ordered by the Building
Inspector of the Village of Westbury and the cost thereof charged
against you. Said cost shall be collected:
A.
By adding the same, together with interest, to the
assessment of said premises for the year following the completion
of said work, constituting a lien thereon, to be collected as provided
by law; or
B.
By instituting an action in the Supreme Court, Nassau
County, or such lower court of said county which may have jurisdiction,
of the amount of the charges, together with reasonable attorney's
fees for the collection thereof, with interest on said charges from
the date of the completion of said installation.
A.
Any owner or occupant, lessee, agent or tenant who
shall neglect or refuse to discontinue overhead electric service,
as directed by this chapter, shall, upon conviction thereof, be fined
a sum not exceeding $50 or be subject to imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment for each
day during which said service shall have been maintained beyond the
expiration of the period of notice hereinabove provided for removal.
Each separate occurrence may constitute a separate additional violation.
For the purpose of jurisdiction, a violation of this chapter shall
be a violation.
[Amended 12-2-1999 by L.L. No. 3-1999; 4-1-2010 by L.L. No.
1-2010]
B.
Nothing herein contained, however, shall prevent the
Village of Westbury from seeking injunctive relief in the Supreme
Court of the State of New York to prevent the continuance of the condition
heretofore described. The use of injunctive procedure shall be an
additional remedy and shall not be construed to alter or diminish
any penalties or procedure for the enforcement thereof hereinabove
provided.
