Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town Evans: Art. I, 4-18-1962; Art. II, 12-16-1970 by L.L. No. 6-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 106.
Notification of defects — See Ch. 140.
Public improvements — See Ch. 151.
Streets and sidewalks — See Ch. 175.
[Adopted 4-18-1962]

§ 101-1 Purpose.

[Amended 12-15-1993 by L.L. No. 13-1993]
This Article provides a means of requiring the owner of excavated lands to fill in the same, or authorizing the Town Board to fill such dangerous excavated lands in the event the owner fails to do so, after having due notice of the existence of such condition, and providing that the cost incurred by the Town in filling in such dangerous excavated lands shall be assessed against such lands and property in accordance with the provisions of § 130, Subdivision 15-a, of the Town Law.

§ 101-2 Official in charge of inspections.

The Town Building Inspector is hereby designated as the official to inspect any excavated lands deemed to be hazardous to public safety where such lands are suspected of being in violation of this article, and he shall file a written report with the Town Board spelling out in detail the findings of his inspection.

§ 101-3 Official in charge of filling.

The Town Highway Superintendent is hereby designated as the official to supervise the filling in of such dangerous or hazardous excavated lands upon direction of the Town Board.

§ 101-4 Procedures.

[Amended 12-15-1993 by L.L. No. 13-1993]
In the event that such excavated lands are deemed hazardous to public safety, a written report shall be filed with the Town Board by the Town Building Inspector, and, upon order of the Town Board, 30 days' written notice shall be made by certified mail addressed to the owner of record of such lands and property at the address shown on the last preceding assessment roll. Such owner shall be required to fill in such excavated and hazardous lands. Such notice shall contain a description of the premises, a statement of the particulars in which the excavated lands are deemed hazardous to public safety and an order requiring that the same be filled in and made not hazardous to public safety, and, if such service is made by certified mail, a copy of such notice shall be posted upon the premises.

§ 101-5 Time limit for action.

The owner of the premises or person notified shall commence the filling in of such excavated and hazardous lands within 30 days of the mailing and posting or service of said notice and shall diligently prosecute said filling in and making safe of such excavated hazardous lands until the project is complete.

§ 101-6 Failure of owner to act; costs.

[Amended 12-15-1993 by L.L. No. 13-1993]
A. 
In the event of neglect or refusal of the owner or person served with notice to comply with the same, the Highway Superintendent shall cause the excavated hazardous lands to be filled in and made safe for the public.
B. 
In the event that the owner refuses or neglects to fill in and make safe such excavated and hazardous lands, the Town shall do the necessary work involved, either with Town employees or outside contractors, and the cost of the filling in and making safe of such excavated and hazardous lands and all other expenses in connection with the proceedings shall be assessed against such lands and property in accordance with the provisions of § 130, Subdivision 15-a, of the Town Law.
[Adopted 12-16-1970 as L.L. No. 6-1970]

§ 101-7 Statutory authorization; purpose.

Pursuant to the authority conferred by Article 9 of the Town Law and by Article 2 of the Municipal Home Rule Law of the State of New York, and for each and every purpose specified therein, the Town Board of the Town of Evans has ordained and does hereby enact the following Article regulating the manner in which excavations may be made in or under the streets, highways, roads, sidewalks, unimproved roads or public places within the Town of Evans.

§ 101-8 Permit required; fees.

A. 
No person, corporation, partnership, association of persons or government municipality shall make, or cause to be made, any excavation or cut in or under any street, highway, road, unimproved road, sidewalk or public place owned and maintained by the Town of Evans or by residents of the Town of Evans without first having procured from the Town of Evans a permit for that purpose. Such permit shall be issued by the Town Clerk of the Town of Evans upon proper application made on blanks prepared and furnished by the Town Clerk. The Town Board may specify in such permit the date and time said excavation may be made and that said permit must be approved by the Town of Evans Highway Superintendent.
B. 
The fee for each permit, which shall accompany the application, shall be set by the Town Board and listed in Chapter 106, Fees.
[Amended 3-20-1991 by L.L. No. 6-1991; 12-15-1993 by L.L. No. 13-1993]

§ 101-9 Deposit of certified check or bond.

[Amended 3-20-1991 by L.L. No. 6-1991; 12-15-1993 by L.L. No. 13-1993]
Before issuance of any permit pursuant to § 101-8 above, a certified check payable to the Supervisor of the Town of Evans, for an amount which shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees, is to be deposited as security that the highway and/or drainage along the highway or unimproved road will be restored to its original condition when disturbed, at the expense of applicant, as soon as the work has been completed, and the Town Highway Superintendent is authorized to expend all or as much of such deposit as may be necessary for that purpose should said applicant neglect or refuse to perform the work. In lieu of the aforementioned certified check, the applicant may file a bond with a corporate surety thereon as a guaranty of a proper restoration of the highway.

§ 101-10 Gross weight limitations and restrictions.

The Town Highway Superintendent may, prior to the commencement of the construction of any water, sewer or other public service facility, request that the Town Board adopt a resolution limiting and restricting the gross weight of vehicles using certain roads and highways owned and maintained by the Town of Evans or by residents of the Town of Evans. Said resolution shall designate the road or unimproved road or highway so restricted and limited by name, that portion of said road or highway to be so restricted and limited and the duration of such restriction and limitation. The maximum gross weight of vehicles permitted to use such restricted or limited road or highway shall be determined by the Highway Superintendent. The Highway Superintendent may, in his discretion, permit the use of such restricted or limited road or highway by vehicles exceeding such gross weight limitation or restriction, provided that the owner or operator of such vehicle or vehicles agrees, in writing, to reimburse the Town of Evans for any damage caused by or resulting from such use by a vehicle exceeding such gross weight limitation and that such owner or operator files a bond with a corporate surety thereon as a guaranty of a proper restoration of such road or highway. Upon adoption of the aforesaid resolution, the Town Highway Superintendent shall post, in a conspicuous manner, any road or highway so restricted or limited.

§ 101-11 Penalties for offenses.

A. 
A violation of this article is hereby declared to be a violation punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.
[Amended 3-20-1991 by L.L. No. 6-1991; 12-15-1993 by L.L. No. 13-1993]
B. 
Other remedies. In addition to the foregoing remedies, the Town of Evans may institute any appropriate action to prevent, correct or restrain any violation of this article.