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Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted 12-16-2019 by L.L. No. 1-2020]
Every owner, lessee, occupant or the agent thereof of any land or lot which has frontage and sidewalk along a public street or highway shall keep the sidewalks adjoining their respective buildings or lots in a safe condition and free from dust, filth, weeds, rubbish, ice, slush, snow, encumbrances and obstructions of every kind. Such owner and occupant shall remove said dirt, filth, rubbish, ice, slush, snow, weeds or other encumbrances within 12 hours after the same has accumulated thereon.
A. 
It shall be the duty of the owner, lessee or occupant of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.
B. 
Notwithstanding any other provision of law, the owner, lessee or occupant of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such persons to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk.
C. 
Notwithstanding any other provision of law, the Village shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks in a reasonably safe condition. This subsection shall not be construed to apply to the liability of the Village as a property owner pursuant to Subsection B of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Failure to comply within the time limit stated herein, shall constitute an offense. A person convicted of an offense shall be punished by a fine not to exceed $500 or by imprisonment for a period not to exceed 15 days, or both. Each and every week of any such continued failure to comply with a written violation time limit order to install, construct, reconstruct, repave, repair or replace defective sidewalk flags, after such time limit, shall constitute a separate offense for which the aforesaid penalties may be cumulatively imposed.