A. Any person, firm or entity that installs, improves, maintains or uses a parking space or other unpermitted encroachment in a township road right of way or parkway in violation of section 4-3-1 of this chapter that also owns abutting property that benefits from the maintenance and use of such a parking space or other unpermitted encroachment shall, prior to selling or offering to sell such benefiting property, remove all such improvements, paving, stone, timbers or other materials comprising the unpermitted encroachment from the district road right of way and shall restore the right of way, including, but not limited to, drainage ditches and culverts within the right of way, to the right of way specifications established by the highway commissioner.
B. The highway commissioner shall remove all parking spaces or other unpermitted encroachments located within the district road right of way abutting any private property that uses or benefits from such improvements whenever such benefiting property is placed on the market for sale. Benefiting property is deemed to have been placed on the market for sale whenever any of the following events occur:
1. The benefiting property is listed in the multiple listing service (MLS) as being for sale;
2. A property "For Sale" sign is displayed on the benefiting property;
3. The benefiting property is offered for sale privately to interested persons;
4. Legal or beneficial title to the benefiting property is transferred;
5. The identity of the owner for utility service purposes is changed.
C. Restoration fees for work performed by the Town of Leyden shall be based on square footage as follows:
1. Zero to seventy five (0-75) square feet: Two hundred fifty dollars ($250.00);
2. Seventy six to two hundred fifty (76-250) square feet: Five hundred dollars ($500.00);
3. Two hundred fifty one to four hundred ninety nine (251-499) square feet: Seven hundred and fifty dollars ($750.00);
4. Five hundred (500) or more square feet: One thousand dollars ($1,000.00).
D. Payments: Restoration payments shall be placed on the final water bill for the restored property.
E. Failure to remove all such improvements, paving, stone, timbers or other materials comprising such unpermitted encroachments from the township road right-of-way as required by subsection A of this section is a violation of this section. Any person, firm or corporation violating the provisions of this section shall be fined fifty dollars ($50.00) for residential properties and three hundred dollars ($300.00) for commercial properties for each offense. A new offense shall be deemed committed on each day that such offense exists or continues. (Ord. TO-2005-4, 10-12-2005; amd. Ord. HO-2021-4, 9-14-2021; Ord. HO-2021-5, 10-12-2021)