[Added 4-13-2015 by L.L.
No. 2-2015]
The Board of Trustees of the Village of Great Neck Estates hereby
finds that owners, occupants and persons (including corporations or
other entities) in charge of certain properties in the Village should
be subject to requirements with respect to snow and ice removal to
protect the public health, safety and general welfare. This article
is enacted in furtherance of that purpose. Whenever any provision
of this article places a duty or obligation, or provides for a penalty
to be imposed upon, any person, the term "person" shall mean and include
a corporation or other entity.
A.
Owners, occupants or persons in charge of buildings other than single-family
dwellings, and/or land other than land improved for not more than
one single-family dwelling, are hereby required to keep the sidewalks,
steps, walks, driveways, parking areas and similar paved areas in
front of, adjoining or in any way contiguous to their building or
land free from obstruction by snow and ice.
B.
When the cessation of a snowstorm or ice storm occurs between the
hours of 9:00 a.m. and 6:00 p.m., on any day, each owner, adult occupant
and adult person in charge of any buildings other than single-family
dwellings, and/or land other than land used for not more than one
single-family dwelling, shall commence and diligently pursue removal
of such snow and ice within one hour after the cessation of any snowstorm
or ice storm, and shall complete the removal of any such snow and
ice from the entire sidewalks, steps, walks, driveways, parking areas
and similar paved areas on, in front of, adjoining or in any way contiguous
to such person's building or land within two hours thereafter.
C.
If cessation of a snowstorm or ice storm occurs prior to 9:00 a.m.
on any day, then each such owner, occupant or person in charge shall
commence such removal of such snow and ice no later than 10:00 a.m.
of that day, and shall complete removal within two hours thereafter.
D.
If cessation of a snowstorm or ice storm occurs after 6:00 p.m. on
any day, then each such owner, occupant or person in charge shall
commence such removal of such snow and ice no later than 10:00 a.m.
of the following day, and shall complete removal within two hours
thereafter.
The obligation set forth in § 167-70 regarding the removal of snow and ice shall include, but shall not be limited to, the following:
A.
Each person subject to this obligation shall clear and maintain a
path on the sidewalk free of snow and ice for a width of the entire
sidewalk, or four feet, whichever is less.
B.
Each person subject to this obligation shall not only clear the sidewalk,
steps, walks, driveways, parking areas and similar paved areas of
snow and ice as provided in this article, but shall also keep and
maintain such locations free of ice and snow by clearing as frequently
as necessary.
C.
In the case of a lot which has frontage on more than one street,
each such person shall further be required to clear and maintain a
four-foot-wide path free of snow and ice between the sidewalk and
the curb of each such street at the intersection of such streets or
any of them.
D.
In the case of any property which adjoins a sidewalk adjacent to
a crosswalk, each such person shall further be required to clear and
maintain a four-foot-wide path free of snow and ice from the sidewalk
to the beginning of the crosswalk or the curb of the street.
E.
Fire hydrants and water standpipe connections.
(1)
Where a fire hydrant or water standpipe connection is located on
or is adjacent to any property in the Village, the owner, adult occupants
and each adult person in control of such property in the Village shall
be required:
(a)
To remove snow and ice from around each such hydrant for a distance
of two feet in each direction;
(b)
To remove snow and ice from a circular area (having a three-foot
diameter) surrounding the water standpipe connection;
(c)
To remove snow and ice which obstruct the view of all signs
on the property showing the location and address of the water standpipe
connection; and
(2)
Removal of snow and ice as specified in Subsection E(1) above shall be completed within four hours after the cessation of snowfall, except that the period between 9:00 p.m. and 7:00 a.m. the following day shall not be included in computing compliance with such requirement. If, for good cause, a hydrant or water standpipe connection cannot be cleared as required within the requisite time period, the person(s) responsible for such removal shall notify the Village Public Works Department.
F.
Upon the failure of any person responsible for such removal to comply
with the provisions of this article, then, in addition to any other
fines or penalties provided by law, the Village may provide for the
removal thereof at the expense of the noncomplying owner, occupant,
and/or person in control of the property.
G.
In any case where the Village provides for removal of snow and ice
upon the failure of any person responsible for such removal to do
so, each person responsible for such removal shall be responsible,
jointly and severally, to reimburse the Village for the costs and
expenses of any such snow and ice removal, and shall pay such reimbursement
to the Village within 14 days of service of a written, reasonably
itemized demand from the Village Clerk to such person for such payment.
(1)
Each person to whom such demand is sent may contest such claim for
removal costs and expenses set forth in the demand for payment issued
by the Village Clerk by making written objection made to the Village
Clerk within 10 days of service of the demand for payment being issued.
(2)
Where such written objection is timely made, the obligation of such
person to make such payment shall be suspended until after such person
has had a reasonable opportunity to appear before the Board of Trustees
to explain the reasons for the objection, and the Board of Trustees
has made a determination with respect to such objection.
(3)
In the event the determination of the Board of Trustees is that such
person shall be responsible for all or part of such payment, the person
shall make full payment of such required amount within 10 days after
service of written notice of the determination by the Board of Trustees.
(4)
Upon the failure of any person to pay such costs of removal as provided
in this article, the Village Clerk shall certify to the Village Treasurer
the costs of any such snow removal work. Such costs and expenses thereafter
shall be assessed against and recovered from any real property in
the Village owned by such person, and the expenses so assessed shall
constitute a lien and charge on the real property on which they are
levied until paid or otherwise satisfied or discharged and shall be
collected in the same manner and at the same time as other Village
charges. The provisions of this section with respect to costs shall
be in addition to any penalty imposed for violation of or noncompliance
with any provision of this code.
A.
Owners, occupants or persons in charge of single-family dwellings
and/or land improved for single-family dwelling are hereby required
to keep the sidewalks, steps, walks, driveways, parking areas and
similar paved areas in front of, adjoining or in any way contiguous
to their building or land free from obstruction by snow and ice, and
to keep access to any fire hydrant on or adjacent to such building
or land unobstructed, and free and clear from snow and ice for a distance
of at least two feet from such hydrant.
B.
Snow and ice shall be cleared from the public sidewalks on property
subject to this section within 24 hours after cessation of snowfall
or formation of ice.
C.
Each person subject to this section shall clear and maintain a path
on the sidewalk free of snow and ice for the entire width of the sidewalk.
The owners, and adult persons, in charge of each building adjacent
to a public sidewalk shall prevent the falling of snow, ice and water
from such buildings upon said public sidewalks. This section shall
apply to each such building in the Village, whether or not the public
sidewalk is in the Village, and to each such building outside the
Village where the adjacent public sidewalk is in the Village.
No person, corporation or entity shall deposit, throw, place
or strew, nor shall any person, corporation or entity cause to be
deposited, thrown, placed or strewn, any snow or ice upon any street,
avenue or roadway, or any public sidewalk or other public place or
public property within the Village of Great Neck Estates. No person,
corporation or entity shall deposit, throw, place or strew, nor cause
to be deposited, placed or strewn, any snow or ice or other material
which blocks or otherwise hinders access to a fire hydrant.
Any person or entity who violates any provision of this article shall be guilty of a violation, and shall be punished by a fine or other punishment as provided in § 1-1 of this Code, except that the fine for each such violation shall be not less than $100 and not more than $200. Any such penalty shall be in addition to any civil penalty as provided herein. This provision shall not limit or restrict the Village of Great Neck Estates from pursuing, obtaining or enforcing any other remedy provided in § 1-1 of this Code, or any other remedy which may be available in law or equity.
