[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.]
[Adopted 4-18-1962]
[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.
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.
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.
[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.
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.
[Amended 12-15-1993 by L.L. No. 13-1993]
A.Â
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.Â
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]
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.
A.Â
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.
[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.
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.
A.Â
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.Â
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.
