§ 148-1Removal required; exception.
§ 148-2Penalties for offenses.
§ 148-3Statutory provisions to be superseded.
§ 148-4Failure to comply; removal by village.
§ 148-5Costs to become lien.
§ 148-6Effect on prior acts.
Every owner, lessee, occupant and other person having charge of any building or lot of ground in the Village of Washingtonville, fronting or abutting upon a sidewalk in said village, shall, within five hours after the cessation of every fall of snow or the formation of any ice on the sidewalk abutting said building or lot of ground, remove or cause said snow or ice to be removed or cleared entirely from said sidewalk abutting said building or lot of ground; provided, however, that the time between the hours of 6:00 p.m. and 6:00 a.m. shall not be included in the above period of five hours and also provided that, in case the snow or ice on any sidewalk abutting said building or lot of ground shall be frozen so hard that it cannot practically be removed, the owner, lessee, occupant or other person or persons having charge thereof shall, within the time and places above specified, cover or cause said abutting sidewalk to be covered and strewn with either sifted ashes, sand or some similar material (excepting sawdust) and shall, as soon thereafter as the weather will permit, thoroughly clean said sidewalk and remove said ice and snow therefrom.
No person shall plow, throw, push or otherwise deposit snow or ice onto a public street or right-of-way or upon a fire hydrant.
Each and every violation of the provisions of this article shall be punishable by a civil penalty of $100, which penalty, if not paid, shall be a lien against the real property fronting or abutting on the sidewalk(s) not cleaned or covered or on the public street or right-of-way or fire hydrant upon which snow or ice is deposited.
The property owner may, within 30 days of the date such penalty is levied, protest said penalty and request a hearing before the Board of Trustees. The Board, at its discretion, may waive the penalty based on the evidence presented.
All penalties not waived by the Board of Trustees shall be relevied as a real property tax.
Notwithstanding the above, unpaid penalties may be collected in an action instituted in the local justice court.
The Board of Trustees finds that sidewalks are attributes of private property and intends with this article to supersede §§ 4-414, 5-516 and 5-518 of the Village Law to the extent that said sections may be interpreted to the contrary.
In case the sidewalk abutting any building or lot of ground as aforesaid shall not be cleared or cleaned of snow or ice or covered with either sifted ashes or sand or some suitable material (excepting sawdust) as herein provided before the expiration of the time above limited for cleaning or covering the same, then and in that event the village may forthwith proceed to so clean or cover said sidewalk as provided by this article, and the cost or expense of doing said work on the sidewalk abutting any building or lot of ground shall be ascertained and a report thereof shall be forthwith filed in the office of the Clerk of said village.
The cost of said work as the same shall appear from the report on file in said Village Clerk's office may be sued for and recovered from said owner, lessee, tenant, occupant or other person having charge of any said building or lot of ground by said village and shall be a lien upon the premises abutting said sidewalk or sidewalks so reported to have been cleaned or covered as aforesaid. If said cost is not paid on or before the first day of March next following, the Board of Trustees shall levy the amount thereof as a part of the tax to be collected upon the premises against which said cost shall be a lien as aforesaid. The same shall be included within the completed tax roll and collected as part of the taxes against said premises.
No right or remedy of any character shall be lost, impaired or affected by reason of this article nor shall it affect or impair any act done or right accruing, accrued or acquired nor any penalty, forfeiture or punishment incurred prior to the time when the same shall take effect or by virtue of any ordinance or part thereof, repealed or modified by this article, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such senior ordinance or part thereof had not been repealed or modified.
