[HISTORY: Adopted by the Village Board of the Village of Port Chester 11-2-1987 as L.L. No. 16-1987. Amendments noted where applicable.]
The Board of Trustees has instituted a policy in the areas of the village designated for redevelopment to underground utilities when redevelopment takes place or when the opportunity arises. It has set out this requirement in the covenants filed in the Westchester County Clerk's office as part of the adoption of the redevelopment plans. The reasons for this are that Port Chester is a waterfront community subject to severe winds and storms. These blow down overhead wires creating hazards and loss of service. In addition, the wires and poles are unsightly and detract from the ambience of the village.
In the event that underground service shall become available, the Village Manager shall give notice of the availability of such service to the adjacent property owners by certified mail. The notice shall include a further statement that a second notice will follow within 60 days giving the actual date of conversion and that a failure to connect on that day may result in termination of service. The notice shall also direct the owner to consult with the utility company as to a suitable tie-in point.
Not later than 15 days after receipt of the first notice, any person claiming to be aggrieved by the notice may request a hearing before the Board of Trustees by filing a written request for hearing, in writing, with the Village Clerk, setting out the nature of the grievance and the relief requested in detail.
Upon receipt of such notice, the Village Clerk shall promptly notify the Board of Trustees and shall place the matter on the first available meeting of the Board of Trustees and shall give notice to the applicant thereof.
At the hearing, the applicant shall be entitled to be represented by counsel and to present evidence and witnesses. The village shall be entitled to respond thereto.
Unless excused by the Village Board of Trustees based on an appeal filed pursuant to § 312-3, any adjacent owner who shall fail to convert after receipt of the two notices shall be in violation of this law and shall be subject to a fine not to exceed $250 for each week's violation. In addition, in the event that any adjacent owner of a commercial building shall fail to convert on the date set out in the notice, then the Village Manager shall be authorized to direct the utility company supplying the service to disconnect the aboveground service to such premises the following day. A copy of such direction shall be affixed by the village to the front door of the building affected prior to termination of service.