PART II, GENERAL LEGISLATION

Chapter 82, DRIVEWAYS

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 4-9-1973. Amendments noted where applicable.]

GENERAL REFERENCES
Building Code administration and enforcement -- See Ch. 70.
Excavations -- See Ch. 93.
Streets and sidewalks -- See Ch. 157.
Zoning -- See Ch. 190.

§ 82-1. Purpose.

It is hereby declared to be the policy of the Village Board of Trustees to provide for the safe and efficient movement of traffic on village streets and to prevent the interruption, interference or filling up of any ditch or improvement of the village.

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§ 82-2. Construction or repair permit required; conditions.

  1. No owner of lands within the village shall construct or repair the approaches or driveways from his lands to any village highway without securing prior thereto a permit from the Village Superintendent of Highways. Such permission shall be granted upon the condition that such approaches and driveways shall be so laid or constructed as not to create a traffic hazard and not to interrupt, interfere with or fill up any ditch or improvement of the village, and upon the further condition that such owner covenants and agrees that he will leave the village lands and improvements adjacent to or under said approaches or driveways in as good condition as before the construction or repair of said approaches or driveways and that he shall pay such fee for said permit as from time to time shall be established by resolution of the Village Board of Trustees.EN
  2. Such owner shall further covenant that he will keep such lands and improvements adjacent to or under said approaches or driveways in repair and that he will save the village harmless from all damages which may accrue by reason of said construction or repair of said approaches or driveways. The Village Superintendent of Highways may revoke such permit upon he applicant's failure to comply with any of the aforesaid conditions or, in the alternative, may proceed as set forth in §§ 82-4 and 82-5 below.

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§ 82-3. Maintenance.

  1. Each owner of lands within the village shall maintain the approaches or driveways from his lands to any village highway in such a manner so as not to create a traffic hazard and not to interrupt, interfere with or fill up any ditch or improvement of the village. Said maintenance shall be such that the village lands and improvements adjacent to or under said approaches or driveways shall be preserved in as good condition as before the construction of said approaches or driveways.
  2. Each owner of lands within the village shall maintain his lands in such a manner so as not to create a traffic hazard and not to interrupt, interfere with or fill up any ditch or improvement of the village. Said maintenance shall be such that the village lands and improvements adjacent to such owner's lands shall be preserved.

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§ 82-4. Failure to maintain; notice.

Whenever any owner of lands within the village fails to construct or maintain the driveways and approaches from his lands to any village highway or fails to properly maintain his lands in compliance with this chapter, the Village Board of Trustees may cause a notice to be served requiring the owner to maintain such approaches, driveways or lands in a manner consistent with the terms of this chapter. The resolution shall specify the time within which such compliance must occur. The notice of the adoption of such resolution shall be served upon such owner either personally or by certified mail, at his last known address.

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§ 82-5. Failure to comply with notice; costs.

  1. Whenever a notice referred to in § 82-4 of this chapter has been served upon an owner of lands within the village and such owner fails, neglects or refuses to comply with the requirements of such notice within the time provided therein, the Village of Honeoye Falls or its designee shall have the right to enter upon said lands in order to ensure that the condition of such approaches, driveways or lands will not create a traffic hazard and will not interrupt, interfere with or fill up any ditch or improvement of the village. The expense of such work shall be a lawful charge against the owner of said property. All work done by the Village of Honeoye Falls or its designee, upon the failure of the owner to comply with the requirements of such notice, shall be charged on the following basis:
    1. When such work is performed by village employees, the costs of labor, materials and equipment shall be calculated and billed as prescribed by administrative regulations of the village.
    2. When such work is let by contract, the costs shall be the amount paid to the contractor, plus ten percent (10%) of such amount to cover the costs of clerical work and village inspection.EN
  2. A bill or statement of the amount of expenses incurred in doing such acts shall be served upon the owner of the property by certified mail at his last known address. If such bill or statement is not paid within sixty (60) days of the due date thereof, a statement of the amount thereof, with an addition of ten percent (10%) and a description of said real property, shall be filed with the Village Assessor. Such amount shall be added to the taxes on the real property and shall constitute a lien and charge on said real property until paid or otherwise satisfied or discharged.

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§ 82-6. Penalties for offenses.EN

Any violation of this chapter is punishable by imprisonment for not more than fifteen (15) days or by a penalty not exceeding two hundred fifty dollars ($250.), or both, for each offense. Each violation of this chapter shall constitute a separate offense.

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