[HISTORY: Adopted by the Board of Trustees of the Village of Groton 4-26-1926
(Ch. III of the 1926 Code of Ordinances); amended in its entirety at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments
noted where applicable.]
No person shall connect with any sewer or water main or open any hydrant
or make temporary excavation in any street or other village property or move
any building along any street or encumber any public roadway with building
material without proper permit in writing from the Director of Public Works
and Utilities.
No person, firm or corporation shall set out or plant or cause or permit
to be set out or planted between the curb and sidewalk lines abutting upon
any public highway, street, avenue or place in the Village of Groton any tree
which is one of the general class commonly known as "willow" or "poplar,"
and all ornamental shade trees hereafter planted or placed on the sides of
any of the streets in said village shall be planted and placed under the direction
of the Board of Trustees.
No owner or occupant of real property abutting upon any street in this
village shall permit ice and snow to remain upon the sidewalk in front thereof
later than 10:00 a.m. In the event that any such owner or occupant refuses
to remove such snow and ice after due notice so to do by the Director of Public
Works and Utilities of this village, any member of the Board of Trustees or
police officer, at the option of said Board of Trustees, such snow and ice
may be removed from the walk in front of said property and the cost and expense
thereof charged against the owner of said land, said sum to be added to the
next tax levy and collected in the same manner as provided by law for the
collection of taxes.
A.
No person shall ride a bicycle upon any of the sidewalks
in the Village of Groton.
B.
It shall be unlawful for any person to coast on sleighs,
sleds, bobs or other similar contrivances in any street in the Village of
Groton.
C.
No person shall engage in ballplaying in any of the streets
in the Village of Groton.
A.
The owner or occupant of any real estate or lot fronting
upon any sidewalk in said village must make, build and repair the same in
accordance with the rules and regulations prescribed by the Trustees of said
village, and every owner or occupant must keep the same in good repair.
B.
The Building Inspector or Code Enforcement Officer and/or
his respective assistants of the Village of Groton are hereby severally authorized
to enforce the provisions of this chapter.
C.
Upon receiving a complaint, the Building Inspector or
Code Enforcement Officer shall determine whether or not there appears to be
a violation of this section. Upon determining that a violation exists, the
Building Inspector or the Code Enforcement Officer shall give the owner of
the real property or other person charged with the maintenance of the property
written notice setting forth the nature and existence of the violation and
directing that the violation be terminated or corrected within 14 days of
the date of such notice. Such notice shall be given personally to the owner,
lessee, occupant or other person required to maintain the property within
the County of Tompkins or by posting a copy of the notice on a conspicuous
place on the real property or by mailing the same by regular first-class United
States mail to the address of the real property or that listed by the owner
with the Tompkins County Assessment Department for the receipt of tax bills.
In the discretion of the Code Enforcement Officer, such notice may provide
for a longer period of time to terminate or correct a violation.
D.
If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Building Inspector or Code Enforcement Officer may file a written complaint, signed by the complaining party or the Building Inspector or Code Enforcement Officer, specifying the conditions, acts or omissions constituting a violation of this section, the address of the real property where the violation is taking place and the name and address of the owner, occupant, lessee, tenant and/or other party having control of the real property, with the Village Justice and shall issue and serve on the real property owner an appearance ticket requiring his or her appearance in court. The Building Inspector or Code Enforcement Officer shall also file proof of compliance with Subsection C above. In the alternative, the Building Inspector or Code Enforcement Officer or any complaining or aggrieved party may file a written complaint, signed by the complaining party or the Building Inspector or the Code Enforcement Officer, with the Village Justice, specifying the conditions, acts or omissions constituting a violation of this section, the address of the real property where the violation is taking place, the name and address of the real property owner, occupant, lessee, tenant or other party having control of the real property and facts showing compliance with Subsection C of this section. Upon receipt of such complaint, the Village Justice may issue a written summons directing the property owner or other responsible party to appear in person before him; if such person does not appear, the Village Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed.
E.
In addition, subsequent to the fourteen-day period set forth in Subsection C above, the village may perform or cause to be performed such work as is necessary to terminate or correct the violation and/or to remove and dispose of the waste materials or items. The costs of such removal, disposing and other work necessary to terminate or correct the violation shall be assessed against the property, levied and collected in accordance with Village Law.
G.
In addition to the enforcement powers set forth above,
the Village of Groton is hereby authorized to seek injunctive relief, pursuant
to the applicable provisions of the New York Civil Practice Law and Rules,
to terminate any violation of this section.
H.
The terms "person," "owner," "lessee," "occupant" or
"person having control of real property" shall be deemed to include, without
limitation, the plural of such terms and corporations, partnerships or other
associations standing in such relationship to the real property.
I.
This section shall apply equally to real property used
for commercial and residential purposes in the Village of Groton.
A.
Whenever the Board of Trustees of the Village of Groton,
New York, shall cause any sidewalks to be constructed, one-third (1/3) of
the cost thereof shall be borne and paid by the village, and two-thirds (2/3)
of the cost thereof shall be borne and paid by the owners of the adjoining
land.
B.
The kind of materials to be used in such construction
work shall be selected and determined by the Board of Trustees, and all such
work and construction shall be done and performed under the supervision and
in accordance with the rules and directions of the Board of Trustees, and
the cost and expense of such work and construction shall be apportioned between
the Board of Trustees and those assessed upon the adjoining land.
[Added 4-3-1995 by L.L. No. 3-1995]
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §§ 173-3 and 173-5 of this chapter, the owner and the occupant, shall be liable to all persons injured, or whose property is damaged directly, or indirectly thereby and shall indemnify, save and hold harmless the Village of Groton to the extent that said village is required by law or by any court to respond in damages to any injured party.
