Village of Monticello, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Monticello as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction and fire prevention — See Ch. 105.

Street excavations — See Ch. 220, Art. V.

ARTICLE I
Excavations and Foundations (§ 139-1 — § 139-4) 

ARTICLE II
Fill in Construction or Excavation (§ 139-5 — § 139-8) 

[Adopted 1-5-1976 by L.L. No. 1-1976 as Art. III of Ch. 137 of the 1976 Code]

§ 139-1
Duration of open excavations limited. 

§ 139-2
Violation as nuisance. 

§ 139-3
Abatement by village after notice. 

§ 139-4
Assessment of costs of refilling. 

§ 139-1 Duration of open excavations limited.

No excavation or building foundation shall be permitted to remain open and exposed to the elements upon any property within the Village of Monticello for a period in excess of 90 days. In the event that plans for the construction of a building or structure upon such excavation or foundation shall be filed with the Enforcement Official, a further extension for a period not in excess of 90 days may be granted by the Village Manager.

§ 139-2 Violation as nuisance.

Any property in violation of this article shall be deemed a public nuisance and a hazard endangering the public.

§ 139-3 Abatement by village after notice.

The Board of Trustees shall be empowered, after 10 days' notice to the property owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by registered mail addressed to the last known address, if any, of such person, to abate such nuisance by filling in such excavation and/or foundation and leaving the ground and surface in a safe and level condition.

§ 139-4 Assessment of costs of refilling.

The cost of filling in such excavation and/or foundation and leaving the ground in a safe and level condition shall be an expense charged to the owner of the property upon which such excavation and/or foundation was situated and shall be made an assessment against such property and shall be added to the next following tax roll as a tax assessment against such property.

[Adopted 1-5-1976 by L.L. No. 1-1976 as Art. II of Ch 78 of the 1976 Code]

§ 139-5
Title. 

§ 139-6
Definitions. 

§ 139-7
Type of fill required; permit for exceptions. 

§ 139-8
Penalties for offenses. 

§ 139-5 Title.

This article is entitled "A Local Law Requiring the Use of Certain Type Fill for Construction or Excavation in the Village of Monticello."

§ 139-6 Definitions.

[Added 6-21-1999 by L.L. No. 5-1999]

As used in this article, the following terms shall have the meanings indicated:

NATURAL EARTHEN OR MASONRY MATERIAL
Earth or soil excavated in its natural state and not containing any contaminants or foreign materials, including but not limited to wood products, chemicals, solvents, metals, plastics, construction and demolition materials, glass and similar solid waste products.

§ 139-7 Type of fill required; permit for exceptions.

Only natural earthen or masonry material may be used as fill on construction or excavation in the Village of Monticello. Any person, firm or corporation may apply to the Village Manager in writing for the use of fill other than natural earthen or masonry material. After the submission of such application, the applicant shall exhibit to the Village Manager the type of fill desired to be used, and the Village Manager in his sole discretion may authorize in writing the use of such other type of fill.

§ 139-8 Penalties for offenses.

[Amended 6-21-1999 by L.L. No. 5-1999]

Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.