Chapter 110

STREETS, SIDEWALKS AND PRIVATE PROPERTY

[HISTORY: Derived from Secs. 2.0 through 2.13 and 6.5 of the General Ordinances. Amendments noted where applicable.]

§ 110-1.  Accumulation of debris; permit required for use of dumpsters and large storage containers. [Amended 4-2-1979 by L.L. No. 1-1979; 10-5-1998 by L.L. No. 2-1998; 5-3-2004 by L.L. No. 1-2004; 2-4-2008 by L.L. No. 2-2008] 

A.     Definitions. For purposes hereof, the following terms shall have the following meanings: 

DEBRIS — Any junk, metal, bricks, stone, concrete, concrete blocks, pavement, paving, plaster, lumber or any other kind of building material, automobile chassis, parts or portions thereof, tanks, barrels, containers, utensils or appliances of any type or material, or any portion thereof, any other abandoned material, refuse, snow, garbage, or trash of any character or description, including, without limitation, stones, gravel, slag, wood cuttings, weeds and leaves.  

DUMPSTER — Any container larger than a garbage collection receptacle, made of any type of material or substance, used or able to be used in the ordinary course of demolition or construction of buildings and structures, or portions thereof; or property maintenance, for the purpose of storing, containing and/or transporting garbage and debris generated by such demolition or construction or property maintenance.  

GARBAGE COLLECTION RECEPTACLE — Any container able to be carried by not more than 2 people, by hand without tools or machines, and customarily used for the deposit of garbage and refuse generated in the ordinary course by a single family residential household, for regular collection by garbage or sanitation carting services provided by the Village to its residents.  

LARGE STORAGE CONTAINER — Any container larger than a garbage collection receptacle, made of any type of material or substance, used or able to be used for the purpose of storing, containing and/or transporting property or materials other than garbage and debris, including, without limitation, self-storage containers provided for residential and other use by vendors of moving and storage services, to store furniture, fixtures and personal property while residential renovations are being undertaken; provided, however, that mobile storage units designed to be moved by not more than 2 people, by hand, without use of machines, such as storage containers intended to be affixed to automobiles, sports utility vehicles, and other noncommercial motor vehicles, shall not be deemed "large storage containers.  

PROPERTY or REAL PROPERTY — Any reference in Chapter 110 to property or to real property shall mean any lot, plot or parcel of real property, whether comprised of vacant land or improved with one or more structures or other improvements, located within the Village. [Added 10-6-2008 by L.L. No. 4-2008]  

B.     Accumulation of debris prohibited. Except to the extent expressly permitted in this section, no person owning, occupying or having any right to enter upon real property within the Village shall deposit, collect or, with respect to owners or occupants, maintain or permit to be deposited, collected or maintained on such property, debris of any kind. 

C.     Exceptions. The prohibition set forth in the preceding clause shall not be deemed to prohibit: 

(1)    The deposit of clean soil or sand which is intended to fill and improve such property when, with the written approval of the Village Clerk, upon consultation with the Village Building Inspector, the same is spread about to conform to the contour of the property or an adjacent property and is spread in conformity with the existing statutes of the State of New York and local laws, rules and resolutions of the Village; 

(2)    Refuse, garbage, or trash temporarily held or stored for removal in the ordinary course by licensed sanitation vehicles; 

(3)    The deposit, collection or maintenance in an orderly, inoffensive manner, of any materials used or intended for use in connection with the construction, expansion, renovation or alteration of a private residence or accessory structure on such property, provided that if a dumpster or large storage container is used therefor, such use complies with the further provisions of this § 110-1 applicable to dumpsters and large storage containers.   

D.     Permit required for dumpsters for storage and/or transport of debris and large storage containers for storage and/or transport of other materials and substances. 

(1)    Permit required.  

(a)     No person shall place, maintain or use a dumpster or a large storage container on any property within the Village without having first obtained a written permit issued by the Village Clerk authorizing same.  

(b)     Each application for permit hereunder shall be in writing, signed by the applicant, on a form prescribed by the Village Clerk, which shall set forth the purpose and the period during which the dumpster or large storage container is proposed to remain on the applicant's property.  

(c)     Each permit issued hereunder shall be in writing, and signed by the Village Clerk, upon consultation with the Building Inspector. The Village Clerk shall issue such permit if the applicant has demonstrated to the reasonable satisfaction of the Village Clerk, upon consultation with the Building Inspector, that such dumpster or storage container is reasonably required by the applicant for a lawful purpose and that the proposed use and location thereof will not constitute a traffic or safety hazard, or materially adversely impact the health, safety or welfare of any Village resident. For purposes of illustration, and not in limitation, demolition or construction of, or alterations or additions to, buildings or structures on private property within the Village shall be deemed a lawful purpose.  

(d)    No permit shall be issued until all fees applicable thereto, as required by resolution duly adopted by the Board of Trustees from time to time, are paid to the Village.  

(e)     No permit shall be issued if the Building Inspector has determined that a violation of any provision of the Village Code exists on or at the subject property, or a summons or appearance ticket has been issued with regard to an alleged violation of any provision of the Village Code on or at any other property owned by the Owner or the applicant within the Village, or any fees, deposits or other sums of money are due to the Village with regard to the subject property; or otherwise due to the Village from the owner of the subject property; or otherwise due to the Village from the applicant, if the applicant is not the owner.  

(f)     Each permit issued hereunder shall set forth the period of time for which same shall be permitted. Each such permit shall also contain such other conditions as the Village Clerk, after consultation with the Building Department, deems necessary or appropriate with respect to the issuance thereof in order to protect the health, safety and welfare of the Village and its residents.   

(2)    Use and maintenance regulations.  

(a)     No dumpster or large storage container shall be located, maintained or transported in any manner that will, or is likely to, cause its contents to spill upon public or private property in any manner whatsoever, or in any manner that violates any condition imposed under the permit issued by the Village Clerk with respect thereto.  

(b)     No permit for a dumpster shall be issued for a period longer than 12 months. No permit for a large storage container shall be issued for a period longer than 1 month. Notwithstanding the foregoing, the Village Clerk may grant an extension of not more than 6 months, with respect to a dumpster, and not more than 1 month, with respect to a large storage container, upon written application therefor by the applicant, satisfying all conditions hereunder for issuance of the original permit.   

(3)    Violation.  

(a)     Revocation of permit. Violation of any term or condition of this section by the applicant, or any occupant of the property, or any agent, employee, contractor or subcontractor of the applicant, shall constitute basis for immediate revocation by the Village Clerk of any permit issued hereunder. Any such revocation shall be in addition to, and not in lieu of, any other penalties or remedies with respect to such violation applicable under the Village Code or otherwise at law.  

(b)     Each and every day that a violation of this section continues shall constitute a separate violation.       

§ 110-2.  Depositing debris in public places. [Amended 5-3-2004 by L.L. No. 1-2004]

No person shall scatter, drop or spill or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stones or building rubbish or household waste or offensive liquids or matter therefrom, or permit the same to be blown or thrown off any vehicle in or upon any public place. 

§ 110-3.  Location of garbage receptacles. [Amended 4-2-1979 by L.L. No. 2-1979]

Receptacles for garbage shall not be kept nearer to any roadway or street than the wall of the residence fronting on an adjacent roadway or street, except receptacles for garbage may be placed in front of the wall of said residence after the sundown of the day preceding a day designated for garbage collection. 

§ 110-4.  Placement of debris for collection.

Debris or trash shall not be placed for collection in front of premises until sundown of the day before pickup. 

§ 110-5.  Maintenance of drainage systems.

Buildings and lots shall be kept and maintained in such condition that the sewerage and drainage systems installed or connected therein shall not constitute or contribute to the creation of a nuisance or menace to health. 

§ 110-6.  Maintenance and repair of sidewalks; removal of snow, ice and obstructions from sidewalks; parking on sidewalks. [Amended 4-2-1979 by L.L. No. 3-1979; 5-3-2004 by L.L. No. 1-2004; 3-6-2006 by L.L. No. 1-2006; 9-10-2007 by L.L. No. 4-2007; 4-6-2009 by L.L. No. 1-2009] 

A.     Maintenance of sidewalks. Every owner or occupant of real property within the Village shall maintain in good repair and safe condition the sidewalk abutting property within the Village that is owned or occupied by him, her or it. The Board of Trustees shall provide for the enforcement of this Subsection A of § 110-6 by resolution, and it shall regularly require the Village Clerk to identify the owners and occupants of properties within the Village with respect to which abutting sidewalks are in unsafe condition or disrepair. The Village Clerk shall deliver to each such owner or occupant 30 days' prior written notice that said sidewalk is in unsafe condition or disrepair, notifying such owner or occupant that failure of such owner or occupant to correct such unsafe condition or disrepair within such 30-day period shall constitute a violation of Chapter 110 of the Village Code. Upon the failure of any such owner or occupant to correct the unsafe condition or disrepair identified in such notice within such 30-day period, the Board of Trustees may elect to cause such unsafe condition or disrepair to be corrected, and to assess the expense thereof upon the real property abutting the sidewalk so corrected or repaired, and the charge therefor shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged, and same shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. 

B.     Removal of snow, ice and obstructions from sidewalks. Except to the extent expressly provided in Subsection C of this § 110-6, every owner and occupant of property located within the Village shall keep and maintain the sidewalks abutting such property in a clean condition, free and clear of all snow, ice, dirt, refuse, debris, rubbish and other obstructions, and in a safe condition for public travel. Without limiting the foregoing, every owner or occupant of property located within the Village shall, within 12 hours after the cessation of any storm or weather event causing snow, ice or other frozen precipitation to be deposited upon any sidewalk abutting property within the Village owned by such owner or occupied by such occupant, remove or cause said snow or ice or other frozen precipitation to be removed or cleared entirely from the sidewalk abutting such property; provided, however, that the time between the hours of 7:00 p.m. to 7:00 a.m. shall not be included in the period of 12 hours referred to above. 

C.     Notwithstanding any contrary provision contained in the preceding Subsection B, owners and occupants of property located within the Village and having frontage upon the portions of Village streets identified below (collectively, Exempt Street Segments) shall have no obligation under said Subsection B to remove or cause to be removed snow, ice or other frozen precipitation deposited upon any sidewalk abutting any portion of an exempt street segment. However, any owner or occupant of any parcel of real property with frontage upon both an exempt street segment and any other Village street must comply with Subsection B as to any sidewalk abutting such parcel that does not abut an exempt street segment. Nothing herein is intended or shall be deemed to excuse any owner or occupant of any parcel of real property with frontage upon an exempt street segment from complying with all other provisions of this § 110-6, and this Chapter 110, including without limitation, § 110-7. Exempt street segments are the following: Bournedale Road North, between Plandome Road and Brookwold; Bournedale Road South, between Chester and Brookwold; Winthrope Road, between Bournedale Road North and Webster; Brookwold, between Bournedale Road North and Webster; Chester, between Bournedale Road North and Webster. 

D.     Parking on sidewalks. Parking of automobiles and all other types of motor vehicles on sidewalks within the Village is prohibited.   

§ 110-7.  Liability of abutting property owners for personal injury and property resulting from failure to comply with § 110-6. [Amended 3-6-2006 by L.L. No. 1-2006; 9-10-2007 by L.L. No. 4-2007]

If any owner or occupant of any property within the Village fails to comply in any respect with the provisions of § 110-6 of this Chapter 110, and any personal injury or property damage results from such failure, then each such owner or occupant shall be liable to each and every person injured, or whose property is damaged, directly or indirectly as a result of such failure, and shall be liable to the Village of Plandome Heights to the extent that the Village is required by law or by any court to respond in damages to any party whose person or property is injured or damaged as the result of the failure of such owner or occupant to comply with any provision of § 110-6 of this Chapter 110. 

§ 110-8.  Grass and weed growth; notice of violation; remediation. [Amended 5-3-2004 by L.L. No. 1-2004; 10-6-2008 by L.L. No. 4-2008] 

A.     Every owner or occupant of property shall keep the grass, and grass plots and areas, cut and trimmed to a height of no more than 6 inches; at no time shall the owner or occupant permit noxious weeds, long grass or other rank growths thereon. 

B.     The Village may direct and order such work or labor necessary to remove or remediate any condition in violation of any provision hereof, to be performed by the owner or occupant, by delivering written notice either by personal service or by regular mail to the owner, to the last known address for the record owner of such property as reflected in the Village records and, if the occupant is not the owner, by mail to the occupant at the mailing address for the affected property. 

C.     Upon the failure or refusal of the owner and occupant to remove or remediate any such condition as directed in such written notice within 30 days after delivery of such notice, the Village may perform, or cause to be performed, the work or labor necessary to remove or remediate any such condition. The cost and expense thereof shall be certified by the Village Clerk and assessed against the property affected, and such cost and expense shall constitute a lien and charge upon the property affected, until paid or otherwise satisfied or discharged. A written demand for payment thereof shall be delivered by the Village to the owner and occupant in the manner provided above herein for delivery of notice to remove or remediate violative conditions. If payment in full is not received by the Village within five days after written demand therefor is delivered, such cost and expense shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes, or, at the option of the Board of Trustees of the Village, the cost and expense thereof shall be collected by lawsuit in the name of the Village.   

§ 110-9.  Lowering curbs and changing grade of sidewalk.

No person shall lower the curb or change the grade of any sidewalk or place ramps at curbs in streets for the purpose of providing a way across said sidewalk except on the grant of written permission, upon written application to make such change to the Village Clerk, and any permission granted shall be upon condition that such change shall be made subject to the direction of the Building Inspector and shall provide, if said direction is not complied with, that said permission shall be revoked and the sidewalk and curb shall be restored at the expense of the applicant. 

§ 110-10.  Street opening permits. [Amended 4-2-1979 by L.L. No. 4-1979; 9-12-1988 by L.L. No. 2-1988; 5-3-2004 by L.L. No. 1-2004; 9-10-2007 by L.L. No. 4-2007] 

A.     No person, firm or corporation, public service, water, light or power company shall open or disturb any street, highway or sidewalk pavement or excavate in any street, highway or sidewalk in the Village for any purpose without first obtaining a permit from the Village Clerk as hereinafter provided. 

B.     Application for permit; security deposit; insurance requirements; bond. 

(1)    Upon application, in writing, filed with the Village Clerk, stating the purpose, extent and location and nature of a proposed excavation or other disturbance of a street or highway or sidewalk in the Village, the Village Clerk may grant or refuse a permit therefor. Except where such excavation or disturbance shall be directly authorized by law, the Village Clerk shall require the applicant to deposit with the Village Clerk a sum of money which shall be deemed by him or her to be adequate to pay all of the expenses that the Village may incur to replace or restore the street, highway or sidewalk, pavement, curb or gutter in proper condition. Every application for a permit hereunder shall be accompanied by certificates of insurance, in a form approved by the Village Clerk and issued by an insurance company authorized to do business within the state, evidencing the existence of the following insurance coverage:  

(a)     Comprehensive general liability insurance including the Village of Plandome Heights as an additional insured, providing such minimum limits of coverage for personal injury and property damage as are acceptable to the Village Clerk.  

(b)     Worker's compensation insurance.  

(c)     New York State disability benefits insurance.   

(2)    All evidence of insurance shall provide a 30-day notice of cancellation or change of coverage to be furnished to the Village of Plandome Heights. 

(3)    In the event that any applicant is a self-insurer, information regarding its insurance program shall be submitted to the Village. The applicant will be advised of any additional requirements of the Village as determined by the Board of Trustees in accepting such self-insurance program.   

C.     Notice to public utilities. No work shall be commenced under any permit granted pursuant to this section unless and until such notice as shall be directed by the Village Clerk shall have been given to public service corporations or utilities having lines, mains or other property in the streets for the protection of their property. 

D.     Protective barriers and lighting required. All excavations in streets or sidewalks shall be surrounded by suitable barriers or guards for the protection of persons using the streets in the daytime and, in addition thereto, by lights or flares from twilight continuously until daylight. Such barriers and lights shall conform in kind and numbers to the requirements of the Village Clerk. Failure to provide barriers and lights conforming to the requirements of the Village Clerk shall be prima facie evidence of a failure to provide suitable barriers and lights. 

E.      Backfilling, restoration and maintenance. Upon completion, all excavations shall be backfilled properly, and all streets, highways and sidewalks restored to Village specifications, and a written notice thereof given to the Village Clerk. All excavations and restorations shall be maintained for 12 months after such notice of completion has been given. 

F.      Responsibility for backfilling openings and restorations of streets and sidewalks. If any person to whom a permit to open a street, highway, sidewalk or public place in the Village of Plandome Heights shall fail, neglect or refuse promptly to backfill or cause any such opening to be backfilled and covered with pavement and restored to its original condition, such opening may be backfilled, covered with pavement and restored to its original condition by the Village of Plandome Heights, and such person shall pay for such backfill, pavement and restoration, and the Village Clerk may deduct the amount of money necessary to discharge said payment from any moneys deposited by the applicant with the Village Clerk. If moneys on deposit are not sufficient, the Village may pursue such other remedies as are provided by law. Without limiting the foregoing, if such person owns real property within the Village, the Board of Trustees may assess the expense thereof upon such real property and the charge therefor shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged, and same shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. 

G.     Bond in lieu of security deposit. The Village Clerk may, in his or her discretion, in lieu of requiring a deposit of money from the applicant, condition the issuance of any such permit provided for herein upon the making of a bond, made by the applicant as principal, with the surety or insurance company, duly authorized and licensed to do business in the State of New York, as surety, in such amount as the Village Clerk may direct, that the applicant will save and hold harmless, and will indemnify, the Village of Plandome Heights from any liability for any and all injury, loss or damage to person or property either of the Village of Plandome Heights or others, resulting from any cause, by any act or omission of the applicant, his agents, servants, employees, nominees or any contractor employed by the applicant or the agents, servants, employees, or nominees of such contractor. In the event that any such permit is renewed for an additional period or periods, the said bond must be extended for such renewal period. 

H.     This § 110-10 shall apply to all applicants for permits hereunder, whether persons, unincorporated associations, partnerships, private corporations, public agencies, public utilities, municipal corporation and other types of instrumentality or organization.   

§ 110-11.  Posting of handbills and notices.

No person shall place on any curb, gutter, flagstone, tree, lamppost, telegraph or telephone pole, barrel, box or hydrant in any street or public place, any handbill, poster, notice, sign or advertisement, except for official Village notices.[1] 

§ 110-12.  Maintaining unobstructed view at intersections. [Amended 5-3-2004 by L.L. No. 1-2004]

On any corner lot no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be planted or maintained so as to obscure the view of pedestrians or create a dangerous traffic hazard. For the purpose of this chapter, a traffic hazard is deemed to be created by any fence, wall or other structure, or any tree, hedge, shrub or any other growth planted on or maintained on premises located at roadway intersections. 

§ 110-13.  Open burning. [Amended 4-2-1979 by L.L. No. 5-1979]

Except for open fires used for preparing food for human beings, and the smoking of cigarettes, cigars or pipes, provided that such fires do not create a nuisance, no person shall burn, or cause or permit to be burned in the open, any matter, including but not limited to trash, rubbish, leaves, garbage, grass, refuse, trees, automobiles, rubber, railroad ties, materials resulting from the demolition, wrecking or construction of buildings, materials for salvage purposes or other waste, so as to cause the emission of an air contaminant into the atmosphere of the Village. 

§ 110-14.  Penalties for offenses. [Amended 5-3-2004 by L.L. No. 1-2004]

Any person found guilty of a violation of this chapter shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty. 


[1].  Editor's Note: Former Section 2.11, regarding penalties, as amended 9-12-1988 by L.L. No. 2-1988 and which immediately followed this section, was deleted 5-3-2004 by L.L. No. 1-2004.