[Adopted 2-8-1971 by Art. I of Ch. 43 of the 1971 Code]
No awning shall be maintained over public property, any part
of which is less than 6 1/2 feet from the walk or surface beneath
and the projection of which is less than five feet from the curbline.
The Board of Trustees shall remove any awning maintained in violation
of this article after five days' written notice has been given
of such violation to the owner or maintainer thereof.
Excavations immediately adjacent to any public street or grounds
shall be promptly completed and the permanent wall fixture expeditiously
installed. The owner of such property shall see that proper light,
fences and every other reasonable precaution are used to prevent accident
or damage because of such work.
[Amended 5-4-2009 by L.L. No. 6-2009]
A.
Obstructions prohibited. Except as otherwise provided herein, no
person shall place or deposit on any public street or sidewalk or
on any area generally used as a sidewalk or any part or portion thereof
any structure, material, stand, sign or other substance of any kind
for the sale or display of merchandise or advertisement of any kind
or nature. Nothing in this section shall be construed to interfere
with any reasonable use of such streets or sidewalks for the loading
or unloading of merchandise containers or refuse or for the placing
of garbage or refuse at the curb on appointed days for the collection
thereof.
B.
Temporary freestanding business signs.
(1)
A-FRAME FREESTANDING BUSINESS SIGN
Definitions. As used in this section, the following definitions shall
have the meanings indicated:
A movable sign constructed with two sides attached at the
top so as to allow the sign to stand in an upright position.
(2)
Permit required. It shall be unlawful to display, erect, relocate,
or alter any sign without first filing with the Building Department
an application for an A-frame sign and obtaining a sign permit. Fees
for an A-frame freestanding business sign permit shall be established
in the Standard Schedule of Fees of the Village of Suffern.[1] A permit shall be issued within five business days if
an A-frame freestanding business sign complies with the regulations
set forth herein and is proposed to be situated at a location adjudged
by the Building Department to be safe and not to interfere with pedestrian
traffic. Prior to issuance of a permit, the Building Department shall
cause the location of the proposed A-frame freestanding business sign
to be inspected for compliance with these regulations. Site plan approval
is not required for an A-frame freestanding business sign for which
a permit has been issued. Permits shall be valid for a period expiring
at the end of each calendar year and must be renewed annually.
(3)
A-frame sign regulations.
(a)
No more than one A-frame freestanding business sign may be permitted
for each retail or restaurant business premises upon issuance of a
permit from the Building Department on a portion of the sidewalk immediately
adjacent to a retail business or restaurant in accordance with these
regulations. An A-frame freestanding business sign shall not exceed
the dimensions of 32 inches wide and 36 inches tall, and it shall
have no more than two faces. An A-frame freestanding business sign
may advertise only the business lawfully practiced within the premises.
All signs shall be professionally manufactured or crafted and maintained
in good repair. An A-frame freestanding business sign may not be illuminated
or contain any electrical component. All components of an A-frame
freestanding business sign shall be nonmoving and stationary, and
nothing may be attached thereto. An A-frame freestanding business
sign may not be chained, attached or affixed to any object.
[Amended 10-1-2012 by L.L. No. 13-2012]
(b)
All A-frame freestanding business signs may be displayed only
during hours a business is open and shall be removed at the daily
close of business and must, in any case, be removed prior to 8:00
p.m. All A-frame freestanding business signs must be removed in the
case of snowfall or excessive winds.
(c)
An A-frame freestanding business sign may not be placed in front
of a business establishment unless a minimum pedestrian clearance
of four feet of unobstructed space exists. A permitted A-frame freestanding
business sign shall be placed out of the way of pedestrian traffic
and in a manner that does not interfere with pedestrian street crossings,
persons exiting parked vehicles or deliveries. No temporary freestanding
business sign shall be placed so as to interfere with vehicular traffic
by obstructing sight lines for streets, pedestrian rights-of-way and
driveways. An A-frame freestanding business sign shall not otherwise
be placed in a location that the Building Department believes to be
hazardous or inappropriate to the accomplishment of the foregoing.
(d)
Any Code Enforcement Officer or Building Inspector who finds
a temporary freestanding business sign so placed that the sign as
located causes an obstruction to pedestrian or vehicular traffic or
restricts the vision of drivers of vehicles on abutting streets or
on the subject property may cause the sign to be removed.
(e)
All temporary freestanding business signs shall be kept in good
repair and in a proper state of preservation. Every temporary freestanding
business sign and the premises immediately surrounding the sign shall
be maintained by the owner or person in charge thereof in a clean,
sanitary and inoffensive condition and free and clear of all obnoxious
substances, rubbish and garbage.
(4)
Enforcement. This section may be enforced by the Building Department
and Code Enforcement Officer. In addition to other penalties prescribed
by this chapter, the Building Department may revoke the permit of
any owner, tenant or occupant of premises who violates the provisions
of this law. Anyone aggrieved by any such revocation may appeal the
same to the Board of Trustees within five business days after issuance
of such revocation in writing by filing a letter with the Village
Clerk setting forth in detail the basis for such appeal. The Board
of Trustees shall consider such appeal at its next regularly scheduled
Village Board meeting.
[Amended 10-23-1978 by L.L. No. 9-1978; 3-12-1990 by L.L. No.
3-1990]
A.
All owners of property are hereby required to remove all snow and
ice within 10 daylight hours after cessation of a snowstorm from sidewalks
adjoining their property and from all fire hydrants on their property
or adjoining their property, and must continue to keep same clear
of snow and ice at all times thereafter as necessary. Said sidewalks
must be cleared for the entire length of sidewalk adjoining the property
and a minimum of 30 inches in width. Fire hydrants must be cleared
by a minimum of 36 inches in all directions, and a clear path must
be provided to the street for said fire hydrants. Owners of single-family
dwellings who are physically disabled are exempt from the requirements
of removing snow and ice from fire hydrants if they notify the Village
Clerk prior to November 1 of each year. The owners of all apartments
and of all professional and commercial buildings and all condominium
associations shall, in addition, remove all snow and ice from all
parking areas and access roads thereto under their control and from
all fire lanes within 10 daylight hours after the cessation of a snowstorm.
Access to all dwellings and buildings shall be provided for emergency
vehicles within five daylight hours after cessation of a snowstorm.
[Amended 7-11-2011 by L.L. No. 9-2011]
B.
It is prohibited to deposit snow or ice on any sidewalk, street,
right-of-way or storm drain or to obstruct any drainage course. It
is further prohibited to pile or plow snow to a height of three feet
or more within 10 feet from any corner or intersection of any road
or highway. The provisions of this subsection shall not apply to employees
of the Village of Suffern in the performance of their duty.
C.
Upon the failure, neglect or refusal of any owner or agent to comply with the provisions of Subsection B of this section, the Superintendent of Public Works is hereby authorized and empowered to contract for the removal of the ice and snow or to order its removal by the Village of Suffern. The actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of completion of the work, shall be charged to the owner of such property; and if said amount remains unpaid, it will be placed on the next regular tax bill of the Village of Suffern. Where the full amount due the Village is not paid by such owner within 10 days after the removal of such ice or snow, then, and in that case, the Superintendent of Public Works shall file a sworn statement with the Village Clerk showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the same amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
D.
Permit required.
[Added 3-5-2014 by L.L. No. 3-2014; amended 11-8-2017 by L.L. No. 7-2017]
(1)
No person, firm or corporation shall, on a for-hire basis, plow snow,
ice, sleet or similar matter or cause or allow the same to be plowed
or placed by the use of any vehicle, including but not limited to
a car, truck, pickup truck, van, all-terrain vehicle, front-end loader
or motor-operated snow blower within the Village of Suffern unless
a permit therefor, as hereinafter prescribed, issued by Department
of Public Works, is in full force and effect and such permit is prominently
displayed by affixing it to the vehicle so as to be readily visible
from the exterior thereof or as otherwise prescribed by the Department
of Public Works. The requirement to obtain a permit shall not apply
to a person who resides at the property that is being plowed by that
person.
(2)
Application for such permit shall be made to the Department of Public Works by the owner of the vehicle or a business or person which employs the use of such vehicle(s) for the purposes of snow removal within the Village of Suffern on a for-hire basis, in writing, upon forms to be furnished by the Department of Public Works. The forms shall contain the business or individual's name and address, the operator's name and address, the vehicle identification number for all vehicles used in the snow removal business, the New York State license number attached to such vehicles, and information regarding any other snow removal equipment set forth in Subsection D(1) above, proof of insurance, and such additional information as the Department of Public Works shall require and shall be accompanied by the permit fee set forth in the Schedule of Fees. The Department of Public Works may require such documents and information as may be reasonably necessary to verify the facts stated in such application.
(3)
Such permit shall be for the period of October 1 to September 30
of each year and may be revoked by the Board of Trustees upon notice
to the permittee and an opportunity to be heard and may also be suspended
by the Mayor upon good cause, including violation of this section,
until a determination on revocation of the permit is made.
(4)
This section may be enforced by the Village of Suffern Police Department,
and/or the Building Inspector, or Code Enforcement Officers and their
deputies, and they are authorized to issue appearance tickets pursuant
to Article 150 of the Criminal Procedure Law of the State of New York
for the violation of any section.
[Added 5-28-1986 by L.L. No. 5-1986; amended 7-20-1998 by L.L. No.
10-1998; 7-7-2008 by L.L. No. 8-2008]
A.
Every owner, occupant or person in charge of every building or vacant
lot shall at all times keep all sidewalks and curbs adjoining said
lands in good and safe repair and free from all garbage, refuse, debris,
material, encumbrances and obstructions. In addition, every owner,
occupant or person in charge of every building or vacant property
shall not sweep or cause to be deposited any garbage, refuse, debris
or material into the street or gutter and shall at all times keep
all gutters adjoining said lands free from all garbage, refuse, debris
and material. Whenever the sidewalks or curbs adjoining said lands
are in need of repair or are obstructed or encumbered, they shall
be repaired by the owner, occupant or person in charge of said adjoining
lands solely at the cost and expense of said owner, occupant or person
in charge of said lands. In the event there is no sidewalk on or adjoining
a property, the area for which the foregoing individual/entity is
responsible, shall be measured from the end of the property.
B.
Such owner, occupant or person in charge of said building or vacant
lot and each of them shall be liable for any injury or damage by reason
of such omission, failure or negligence to make, maintain or repair
such sidewalks or curbs. All such repair shall be in accordance with
the Village of Suffern specifications.
No bridging or obstructing of street gutters shall be allowed.
[Amended 3-12-1990 by L.L. No. 3-1990]
None of the following encroachments, projections or encumbrances
in, over or upon any public street or grounds shall be installed or
maintained without a permit from the Board of Trustees, and their
existence shall be regulated as follows:
A.
Excavated or building material. The holder of the permit shall, with
proper lights, expeditious work and every other reasonable effort,
limit the obstruction and the chances of accident.
B.
Moving a building. A reasonable bond protecting the Village against
possible damages shall precede granting of such permit. The size of
the bond will be determined by vote of the Board of Trustees. The
holder of the permit shall make every reasonable effort to expedite
the work and minimize the obstruction.
C.
Banners and flags across the street. All parts of the same shall
be placed at least 18 feet above the surface of the street.
[Amended 3-12-1990 by L.L. No. 3-1990]
The following penalties are imposed for any violation of this article not heretofore specifically provided for: Any person, firm or corporation violating any provision of this article not heretofore expressly provided for shall be liable to the penalties as provided in § 1-12 of Chapter 1, General Provisions.
[Added 9-13-2006 by L.L. No. 10-2006]
A.
At such time that the Village has elected to repave a street or road
in the Village, which repaving necessitates the construction or reconstruction
of curbs or sidewalks located in the right-of-way, the Board of Trustees
may, in its discretion, determine that the owners of real property
adjoining such sidewalks and/or curbs shall be responsible for all
or a proportion of the cost for such construction or reconstruction
and shall determine the percent or proportion for which each property
owner shall be responsible. In determining whether the Village will
assume all or any portion of the cost of the same, the Village may
consider: whether the sidewalks or curbing to be constructed or reconstructed
are standard materials for construction or are an upgrade as compared
to the Village standard; the entity that originally installed the
same; the method and adequacy of the original installation/construction;
the cause or necessity for construction or reconstruction; the frontage
and physical relationship of each affected property; and any other
relevant factor.
B.
The Board of Trustees may pass a resolution allocating the cost of
any such construction or reconstruction between the Village and adjoining
property owners and the percentage responsibility of each prior to
the commencement of any such construction and setting forth the approximate
anticipated charge to each property owner. The resolution shall also
determine whether the sun due by each property owner shall be paid
in one or more installments and the frequency of periodic payments
if any. A copy of a notice summarizing the same shall be mailed to
each record property owner prior to the commencement of construction
at the address indicated on the tax roll.
C.
Within 30 days after completion of construction, the Village Clerk
shall send a statement to each adjoining property owner of the amount
due, and a calculation showing the method of computation and a statement
that the amount is due within 30 days thereafter. Said statement shall
also provide that amounts remaining unpaid after such date shall incur
interest calculated monthly at 9% per annum. If said sum remains unpaid
at the time the next succeeding Village real property tax bill is
rendered, such amount shall be relevied on said tax bill and shall
be collected in the same manner as real property taxes.
