[Adopted 4-25-1988 by L.L. No. 30-1988]
This article shall be cited and may be referred
to hereinafter as the "Visual Road Obstruction Law."
The Village Board of the Village of Montebello
hereby finds that road obstruction such as shrubbery, hedges, trees,
vegetation, rock walls and fences create highway hazards by interfering
with vision and proper sight distance at corners and intersections.
It is the aim of the Village Board to reduce such road hazards caused
by the above and similar objects which are responsible for causing
property damage, personal injury and fatalities due to vehicular accidents.
This article shall apply only in the Village
of Montebello.
No shrubbery, hedge or other natural growth,
or fence (except a transparent fence such as chicken wire, in which
the solid area is not more than 5% of the total area of the fence)
or wall over three feet higher than the apex at the center line or
the street shall be located within the triangular area shown shaded
in Sketch A at the intersection of two roads:
Sketch A
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Nor shall the limbs or foliage on any tree obstruct
vision or be permitted to grow nearer to the ground than eight feet
where such limbs or foliage overhang or are over or upon land within
the triangular area as shown in Sketch A.
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This article shall be administered and enforced
by the person or officer employed or contracted by the Village of
Montebello whose responsibilities include maintenance of streets,
roads and highways (hereinafter “Enforcement Officer”)
with the assistance of the Police Department serving the Village of
Montebello.
A.
Upon the determination of the Enforcement Officer that a violation exists, pursuant to the provisions of § 160-23 hereof, it shall send a written notice specifying the violations and requiring compliance within 10 days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof addressed to the owner of record of such land if he be other than the person served at the address shown on the last preceding assessment roll. If said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
B.
In the event the notice specified in Subsection A of this section is not complied with after a period of 10 days from date of service, then the Police Department serving the Village of Montebello shall issue a summons to be signed by a Justice of the Justice Court with jurisdiction, or by a Judge of the County Court in Rockland County Supreme Court upon the filing of an information alleging the violation herein.[1]
C.
In addition to any other penalty provided under the
law for noncompliance, the Village Board may, in its legislative discretion,
authorize the removal of the visual obstruction.
D.
The expenses incurred by the Village of Montebello, pursuant to Subsection C of this section, shall be paid by the owner or occupant of the premises or by the person who caused or maintained such obstruction. The person or company removing said obstruction shall file with the Village Clerk-Treasurer an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Village Board may institute a suit to recover such expenses against any person liable for such expenses, or may cause such expenses to be charged against the property as a lien.
E.
To effectuate the purpose and objectives of this article,
the Police Department serving the Village of Montebello shall cooperate
with and assist the Enforcement Officer as above set forth and otherwise
as may seem proper or required in the circumstances.
Any violation by a person, firm or corporation
of this article shall be deemed an offense punishable by a fine not
to exceed $1,000 or imprisonment for a period not to exceed one year,
or both.
This article supersedes, and is in derogation
of, Chapter 45A of the Code of the Town of Ramapo, County of Rockland,
State of New York. This article is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor.
