[Adopted 9-6-1984 by L.L.
No. 23-1984]
The Board of Trustees of the Village of New Hempstead 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
intent of this article to reduce such road hazards caused by the aforementioned
and similar objects which are responsible for causing property damage,
personal injury and fatalities due to vehicular accidents.
[Amended 5-22-2017 by L.L. No. 2-2017]
At the intersection of two or more streets in a residential
district, no fence, wall, structure or shrubbery or other obstruction
more than two feet in height above the center-line grade of the streets
shall be erected or placed on any part of a yard herein established
that is included within the triangular area formed by the nearest
edges of the street line and a straight line between two points, each
a minimum of 25 feet back from the intersection of the nearest edges
of the street line prolonged.
[Amended 5-22-2017 by L.L. No. 2-2017]
This article shall be administered and enforced by the Mayor,
the Deputy Mayor and/or the Code Inspector of the Village of New Hempstead
as set forth below:
A.
Upon the determination that a violation of this article exists, a
written notice specifying the violations and requiring compliance
within 48 hours thereafter shall be personally served upon a person
of suitable age in charge of the subject premises or mailed to the
owner of record of such premises by certified mail at the address
shown on the last preceding assessment roll for said premises.
B.
In the event that the notice specified in Subsection A of this section is not complied with after a period of 48 hours from the date of service, the Mayor, Deputy Mayor and/or Code Inspector may issue an appearance ticket for violation of this article.
C.
In addition to any other penalty provided herein for noncompliance
with this article, the Mayor and/or Deputy Mayor may have the visual
obstruction removed after said forty-eight-hour period has elapsed.
The expenses incurred for such removal shall be paid by the owner
or occupant of the premises or by the person who caused or maintained
such obstruction. The Board of Trustees of the Village of New Hempstead
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.
Any violation of this article shall be deemed an offense, punishable
by a fine not to exceed $5,000 and/or imprisonment for a period not
to exceed 15 days.
