[Adopted 1-5-1976 by L.L.
No. 1-1976 (Ch. 137, Art. I, of the 1976 Code);
amended in its entirety 9-23-2004 by L.L. No. 12-2004]
The Board of Trustees of the Village of Monticello hereby finds
that road obstructions, such as shrubbery, hedges, trees, vegetation,
rock walls and fences, create highway hazards by interfering with
vision and proper sight distance at corners and intersections. It
is the aim of the Board of Trustees to reduce such road hazards caused
by the above and similar objects, which are responsible for causing
property damage, personal injury and fatalities due to vehicular accidents.
No shrubbery, hedge or other natural growth, fence (except a
transparent fence in which the solid area is not more than 5% of the
total area of the fence) or wall over three feet higher than the apex
at the center line of the street shall be located within the triangular
area shown shaded in Sketch A at the intersection of two roads. Nor
shall the limbs or foliage on any tree obstruct vision nor be permitted
to grow nearer to the ground than eight feet where such limbs or foliage
overhang or are over or upon land within the triangular area as shown
in Sketch A.
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This article shall be administered and enforced by the Code
Enforcement Office of the Village of Monticello and the Police Department
of the Village of Monticello as set forth below:
A.
Upon the determination of the Code Enforcement Official and/or Enforcement Officer that a violation exists pursuant to the provisions of § 200-2 hereof, it shall send a written notice specifying the violation and requiring compliance within three business days thereafter, as provided in Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof to the owner of record of such land if he be other than the person served, addressed to the address shown on the last preceding assessment roll. If said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
[Amended 6-18-2007 by L.L. No. 13-2007]
B.
In addition to any other penalty provided under the law for noncompliance with § 200-2, the Code Enforcement Official and/or Enforcement Officer or Police Department of the Village of Monticello may issue an appearance ticket, returnable to the Village Justice at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged ordinance violation, date and time and a description of the noncompliance involved, a copy of which shall be forwarded to the Justice and shall be accompanied by an information form detailing the violation.
[Amended 6-18-2007 by L.L. No. 13-2007]
C.
In addition to any other penalty provided under the law for noncompliance,
the Board of Trustees may, in its legislative discretion, authorize
the Superintendent of Public Works to remove the visual obstruction.
D.
The expenses incurred by the Superintendent of Public Works, pursuant to Subsection C of this section, shall be paid by the owner or occupant of the premises or by the person who caused or maintained such obstruction. The Superintendent of Public Works shall file among his records an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Board of Trustees may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien, inclusive of any and all legal fees, costs and disbursements expended for said recovery suit.
E.
To effectuate the purpose and objectives of this article, the Police
Department shall cooperate with and assist the Highway Department
as above set forth and otherwise as may be proper or required in the
circumstances.
F.
Service upon the owner and/or occupant of the three-day notice hereinbefore provided for shall be either by personal service or by mailing the notice to the addressee's last-known address as the same appears on the records of the Village of Monticello, New York, in accordance with Article V, Enforcement Procedure, of Chapter 1 of the Code of the Village of Monticello. In the event that the lot, tract or parcel of land is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot, tract or parcel of land.
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. Nothing contained in this article shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this article. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this article.
In addition to the provisions of this article, see Chapter 220, Streets and Sidewalks, of the Code of the Village of Monticello for regulations regarding streets and sidewalks currently in effect in the Village of Monticello.
