[HISTORY: Adopted by the Town Board of the Town of Amherst 4-7-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 186.
Editor's Note: This local law also repealed former Ch. 120, Highways, Controlled Access, adopted 2-5-1979 by L.L. No. 1-1979, as amended.
The Town Board finds that the public interest, health, safety and welfare will be promoted by providing for controlled-access highways, as hereinafter defined, within the Town highway system. The Town Board further finds that the designation of controlled-access highways will contribute to, protect and enhance the physical and visual environment of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- Any Code Enforcement Officer in the Building Department of the Town of Amherst, New York.
- COMMISSIONER OF BUILDING
- The Commissioner of Building of the Town of Amherst, New York.
- CONTROLLED ACCESS HIGHWAY
- A Town highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the Town Board.
A Town highway entirely or partly constructed, reconstructed or improved at a location where no public highway theretofore existed may be designated by the Town Board, after receiving a recommendation from the Town Superintendent of Highways, as a controlled-access highway.
The owners or occupants of abutting property or any other person shall have no right of access as operators of vehicles or in any capacity other than as pedestrians or bicyclists except at junctions of such highways with other Town highways and also excepting as such access may be reserved by the deed or final vesting order describing the property which has been or which hereafter shall be acquired for the purpose of such controlled-access highway. In addition, access to and from abutting properties from which a part has been dedicated for the purpose of such controlled-access highway may be authorized by the Town Board. A controlled-access Town highway shall be subject in all other respects to the provisions of the Vehicle and Traffic Law, the Highway Law and all local laws and ordinances relating to Town highways.
The following Town highways or portions thereof are designated controlled-access highways:
This chapter shall be enforced by the Commissioner of Building or a Code Enforcement Officer.
Unlawful acts. It shall be unlawful for a person, partnership, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter. Any offense of this chapter shall be classified as a violation.
Notice of violation. The Code Enforcement Officer shall serve a notice of violation or order. Such notice shall:
Be in writing;
Include a description of the real estate sufficient for identification;
Include a statement of the violation or violations and why the notice is being issued; and
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter.
Prosecution of violation. If the notice of violation is not complied with, the Commissioner of Building or Code Enforcement Officer shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful access to a controlled-access highway.
Violation penalties. Any person who shall violate a provision of this chapter or fail to comply therewith or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person, occupant, operator or owner who violates any provision of this chapter or any regulation contained herein is guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both.
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Commissioner of Building or Code Enforcement Officer from instituting appropriate action to restrain, correct or abate a violation. If the owner of a premises fails to comply with an abatement or correction order within the time prescribed, the Commissioner of Building or Code Enforcement Officer shall cause the violation to be corrected or abated, either through an available public agency or by contract or arrangement with private persons, and the cost of such correction or abatement shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate.