[HISTORY: Adopted by the Town Board of the Town of East Hampton as indicated in article histories. Amendments noted where applicable.]
Article I Excavations
Article II Notification of Defects
[Adopted 12-2-1977 as Ch. 128, Art. I, of the 1977 Code; amended in its entirety 4-19-2007 by L.L. No. 16-2007]
It shall be unlawful for any person or persons, firm or corporation, to disturb, tear up or otherwise interfere with any of the sidewalks or highways in the Town of East Hampton, except by and with the consent and authority of the Town Superintendent of Highways of said Town and under his supervision, authority and control.
All the expenses incident to the repairing, replacing and restoring of said sidewalks or highways, to a condition meeting the approval of the said Superintendent of Highways, after tearing up, disturbing, accidentally damaging or otherwise interfering with such sidewalks or highways as herein provided shall be borne by the property owner, tenant, person or persons, firm or corporation responsible for the damage or such person(s), firm or corporation requesting such change or disturbance. If adequate repairs are not made to the damaged street or sidewalk within 30 days of notification of such damage, the Town of East Hampton may make repairs to the street or sidewalk meeting the specifications of the Superintendent of Highways. Such costs incurred by the Town of East Hampton under this section shall be paid out of the municipal treasury and shall be charged to the owner of the premises involved and shall be included on the tax bill of the owner of the property.
Before any sidewalk, street or highway may be dug into, opened or interfered with for the purpose of making any connection or for any other purpose whatever, a written permit must first be obtained from the Town Superintendent of Highways, and a certified check or a bond be deposited, which will be a guaranty of replacing the road in a condition satisfactory to said Superintendent. The fees to be paid for such permits shall be set, from time to time, by resolution of the Town Board.
Any person who violates the provisions of this local law or permits any act in violation thereof shall be guilty of a violation, and upon conviction, shall be subject to a fine not to exceed $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Adopted 12-2-1977 as Ch. 128, Art. II, of the 3-1977 Code]
No civil action shall be maintained against any Town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk within five days after the receipt thereof, all written notices received by him pursuant to this local law and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this local law and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
This local law shall supersede, in its application to the Town of East Hampton, Subdivisions 1 and 3 of § 65-a of the Town Law.
This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of § 27 of the Municipal Home Rule Law.