This chapter shall be cited and may be referred to hereinafter as the
"Visual Road Obstruction Law of the Village of Airmont."
The Village Board of the Village of Airmont hereby finds that road obstruction
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 Village Board 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.
This chapter shall apply to all areas in the Village of Airmont.
This chapter shall be administered and enforced by the person or officer
employed or contracted by the Village of Airmont whose responsibilities include
maintenance of streets, roads and highways ("hereinafter Enforcement Officer")
with the assistance of the Police Department serving the Village of Airmont.
A. Upon the determination of the Enforcement Officer that a violation exists, pursuant to the provisions of §
156-4 hereof, it shall send a written notice specifying the violations and requiring compliance within 10 days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof addressed to the owner of record of such land and if he be other than the person served at 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.
B. In the event the notice specified in Subsection
A of this section is not complied with after a period of 10 days from date of service, the Police Department of the Town of Ramapo or any other Police Department then servicing the Village, and/or the Building Inspector or Code Enforcement Officer for the Village of Airmont, shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this law.
C. In addition to any other penalty provided under the law
for noncompliance, the Village Board may, in its legislative discretion, authorize
the removal of the visual obstruction.
D. The expenses incurred by the Village of Airmont 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 person or company removing said obstruction shall file with the Village Clerk an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Village Board 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.
E. To effectuate the purpose and objectives of this chapter,
the Police Department serving the Village of Airmont shall cooperate with
and assist the Code Enforcement Officer as above set forth and otherwise as
may seem proper or required in the circumstances.