[HISTORY: Adopted by the Town Board of the Town of Copake as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-14-2002 by L.L. No. 1-2002]
This article shall be known as the “Town of Copake Sidewalk Snow and Ice Removal Law.”
It is hereby determined by the Town Board of the Town of Copake that it is in the interest of public safety to have all sidewalks which adjoin public roads, highways, or rights-of-way kept and maintained free and clear of snow, ice, dirt, and other obstructions.
It shall be the obligation of all owners and/or residents of real property in the Town of Copake to keep sidewalks on such premises which adjoin public roads, highways, or rights-of-way free and clear from snow, ice, dirt, and other obstructions. If the owner and/or resident shall fail to remove such snow, ice, dirt, or other obstruction, the Town may do so at the expense of the owner of the property.
The owner of the property upon which said sidewalk is located shall be liable for all costs and expenses incurred by the Town for the removal of snow, ice, dirt, or other obstructions. If the owner shall fail to pay said cost and expenses within 10 days after notice of the same by mail, the Town Supervisor shall file, prior to the time for completing the annual Town tax levy, a certificate of said cost and expense with a statement as to the property upon which the same were incurred with the Town Board, which shall, in the preparation of the next annual Town tax levy, levy said amounts upon such real property, and the same shall be levied, collected, and enforced in the same manner, by the same proceedings, and at the same time, with the same penalties and having the same lien upon the property assessed as the general Town tax and as a part thereof.
[Amended 7-12-2007 by L.L. No. 3-2007]
Any person, firm or corporation who is guilty of a violation of this article shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. Each day after notice that a violation continues shall be deemed a separate offense. In addition, a civil penalty of $100 per day may be assessed for any such violation, which civil penalty shall be recovered by the Town of Copake in a civil action.
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.
Appropriate actions and proceedings may be taken at law or in equity to prevent or remedy unlawful violations or infractions of any portion of this article.