No person shall fill, obstruct, block or materially alter water drainage in a right-of-way or easement conveyed to the Town, or permit such water drainage in a Town easement or right-of-way to remain filled, obstructed or blocked. Construction of pools, fences, or buildings in a right-of-way or easement are specific examples of acts prohibited by this section.
No person shall modify the existing topography of land by cutting or filling in such a manner as to cause material damage to adjoining lands or other lands, or to materially impair the use or quiet enjoyment of adjoining lands or other lands, or if it materially restricts the flow of natural or artificial drainageways.
If a violation is determined by the Code Enforcement Officer, such officer shall send a letter to the property owner describing the alleged violation, and requesting that remedial work be undertaken by the property owner, within a reasonable time.
[Amended 7-24-2013 by L.L. No. 7-2013]
If, within the time set by the Code Enforcement Officer, the remedial work is not completed, the Town, at its option, may undertake the work directly or through contractors, and submit a bill to the property owner for the cost of such work, including associated administrative costs incurred by the Town.
If the bill is not paid within 30 days, the Town shall cause the amount of the bill to be added to the next tax roll as a charge to the owner.
[Amended 9-11-2006 by L.L. No. 19-2006]
It shall not constitute a defense hereto that any fill blockage or obstruction was constructed or placed prior to enactment of this chapter. Routine cleaning, mowing and maintenance shall not be a violation hereof. Notwithstanding any other provisions in this Code, it shall be the sole responsibility of the property owner to mow, cut or otherwise maintain the grass or other plants and foliage growing in, over and around the easement.
Construction filling or cutting pursuant to an approved site plan, subdivision plan, or development plan in a planned development district shall be exempt from the application hereof.
Violation of this chapter is punishable by a fine of up to $500 per violation.