[HISTORY: Adopted by the Board of Trustees of the Village
of Phoenix 6-7-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
This Chapter 147 shall be known as "Prohibited Recreational/Sports-Related Objects and Structures in Public Rights-of-Way."
The Village of Phoenix, like many small Villages, includes numerous
smaller single family residential and multifamily residential use
parcels. Due to the lot and driveway sizes, owners and occupants often
will place or install or permit to be placed or installed, sports
and recreational equipment within the right-of-way or nearby, thus
effecting a use of the Village street, road and highway areas as (a)
playing area(s) and creating an obstruction for and interference with
public motor vehicle traffic and an unsafe condition for drivers,
pedestrians and those children and other individuals using such areas
for sports and recreation areas.
Hereafter it shall be unlawful for any person to place or erect
(or to continue such placement or erection) or any property owner
to permit to be placed or erected (or to continue such placement or
erection) on his or her or its property, a basketball pole, basketball
hoop, hockey or lacrosse goal, playing field, space or area markers,
marks, stripes or similar object, structure, or device within or abutting
within six feet of the paved (outside) edges of any public highway,
roadway or street in the Village of Phoenix or attach any of the same
to a telephone, utility or other pole located in an area so that any
of same encroaches into or over such portion of the street highway
or roadway right-of-way.
A.
Any such object, structure or device permitted or continued to be placed or erected in violation of § 147-3 shall be removed by the property owner at his, her or its own expense within seven days after notice of violation of this chapter is received by said property owner. Notice of this violation shall be served upon such owner or owners by registered or certified mail, addressed to his or their last known address, and/or posting of said notice on the premises and mailing a copy of said notice to the owner at the address or addresses as recorded in the Receiver of Taxes, on the same date as posted.
B.
Emergency situations. Where any such violative structure or device
is of such a nature as to constitute an immediate threat to human
health or safety unless abated without delay, the Village may either
itself cause the violation to be corrected or order the owner or owners
to correct the violation or condition immediately and upon failure
to do so, the condition may be corrected pursuant to and subject to
the provisions of this chapter. In addition, any other remedies set
forth in other provisions of the Phoenix Village Code or under New
York State law shall be available.
The Village of Phoenix shall have the authority in such emergencies or upon failure to remove/correct same after the required notice, to address and correct (remove) any such violative structures or devices. Whenever a notice or notices referred to in § 147-4 hereof has or have been served in the manner required under § 147-4, and the owner or owners shall neglect or fail to comply with requirements of such notice or notices within the time provided therein, the Village Mayor, Chief of Police or Code Enforcement Officer, may authorize the removal of such violative structures or devices. No such prior notice shall be required in the event of an emergency situation as described at § 147-4B hereof.
Upon review by and a finding of the Village Board of Trustees that the provisions of this Chapter 147, including in particular § 147-4, have been complied with, the Village Board of Trustees may adopt a resolution authorizing that the costs incurred by the Village in effecting the correction (removal) of the violative structures or devices, including any quantifiable internal administrative costs, be paid for out of the general Village funds appropriated by the Village Board of Trustees for such purpose. The Village shall be reimbursed for the cost of such work performed or services rendered, as herein provided and for any penalties assessed under § 147-7 hereof, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
Anyone found to have constructed or erected or participated in the construction or erection of a structure or device to be in violation of any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and subject to the penalties provided at §§ 142-4 and 142-5 of the Village of Phoenix Code entitled "Penalties."
