[Adopted 12-1-1999 by L.L. No. 4-1999]
[Amended 3-16-2016 by L.L. No. 2-2016]
The owner of a house or any other building and
the owner or person entitled to possession of any vacant lot and any
person having charge of a church or public building in the Town shall
keep the sidewalk adjacent thereto, including curb-cut areas providing
handicapped access, free from the obstruction of snow and ice.
No owner or occupant of a house or building
adjacent to a street in the Town shall allow snow, ice or water to
fall from such building upon a street or sidewalk in the Town. Leaders
or drains erected or attached to the side of a house or building shall
be placed so that a flow of water therefrom shall not run over a sidewalk
in the Town. A watertight drain may be erected and maintained for
the passage of such water, ice or snow to the gutter of the street.
[Amended 3-16-2016 by L.L. No. 2-2016;
amended 2-20-2008 by L.L. No. 2-2008]
A.
No person, firm or corporation shall deposit or otherwise
place any stones, signs or other materials, substance or obstruction
in any street, highway, shoulder of a highway, sidewalk, in the area
between the curbline and the street or property line, creek bed, creek
bank or public place in the Town of Union, outside the limits of any
incorporated villages therein, or encumber the same by any encroachment
of buildings, structures, excavations or otherwise. No person, firm
or corporation shall deposit or otherwise place any snow or ice in
any street or highway in the Town of Union, outside the limits of
any incorporated village therein.
B.
There is no legal authority to place a mailbox and/or
structural support in the Town of Union right-of-way. If a property
owner chooses to place his or her mailbox and/or structural support
in the Town of Union right-of-way, they do so at their own risk. The
Town of Union is not liable for damage to the mailbox and/or structural
support, if the damage occurred as a result of the Town's snow removal.
[Added 6-20-2001 by L.L. No. 4-2001]
This article shall not apply to the Highway
Superintendent or his employees when lawfully making improvements
or otherwise working on the streets and highways of the Town.
Accumulation of snow and ice shall be removed
within five hours from the time when snow and/or ice shall be deposited
or accumulate or within one hour after notice from the Town Highway
Superintendent or Deputy Commissioner of Public Works for Codes and
Ordinances. Such notice shall be deemed given upon affixing a notice
to any building located on the property or, in the case of vacant
land, upon the nearest utility pole. In addition, in the case of vacant
land, the Town Highway Superintendent or Commissioner of Public Works
for Codes and Ordinances shall make a good faith effort to notify
the owner of vacant land by telephone or by affixing the notice to
the residence of the owner. Each twenty-four-hour period that the
accumulation of snow and/or ice shall exist shall be a separate violation
of this article.
[Amended 9-18-2013 by L.L. No. 2-2013]
In case of failure or neglect to effect such
removal, the Town Highway Superintendent or Deputy Commissioner of
Public Works may cause such deposit or accumulation to be removed
and shall keep an account of the expense thereof and report the same
to the Town Board and/or Town Comptroller, who may order the amount
of such expense to be assessed upon the owner of the property and
added to the amount of the next annual Town tax. In addition, the
total cost to the Town of attorneys fees, engineering fees, consultant
fees and/or court or litigation costs to enforce the provisions of
this article shall be an expense and obligation of the owner of the
property, including its individual officers, managers, partners, members,
and shareholders, and alternatively or in conjunction herewith, shall
be assessed and levied upon the real property as a lien and charge
until paid or otherwise satisfied or discharged and shall be collected
as otherwise provided in the Town Law in the same manner and at the
same time as other Town charges.
Any person violating any of the provisions of
this article shall be liable for a penalty not exceeding $250 or imprisonment
for not more than 15 days, or both, for each and every offense. Any
person found guilty of a second violation of any of the provisions
of this article shall be liable for a penalty of not less than $250
and no more than $500 or imprisonment for not more than 30 days.
