[Adopted 3-5-2003 by L.L. No. 3-2003]
As used in this article, the following terms
shall have the meanings indicated:
Any established sidewalk or path for pedestrians alongside
a public highway, whether the sidewalk is paved or not.
Every owner of a house, building or lot of land
situate in the Town and every agent or such owner who owns real estate
in but does not reside in the Town and every person having charge
of any occupied house, building or lot of land, church or public building
in the Town shall keep the whole of the sidewalk in front of their
respective houses, buildings or lots free from snow and ice and shall
remove or cause to be removed any and all snow or ice from such sidewalk
within 12 hours after any snowfall.
A.
Upon the failure of the person, corporation, partnership, club, association or governmental unit responsible therefor to remove such snow or ice or failure to cause the removal thereof as required by § 104-6 and in the event that the snowfall shall exceed the depth of three inches, the Town Superintendent of Highways may, if he or she has available the necessary help and equipment, remove the snow from the sidewalks which have not been cleared.
B.
On each occasion that the Town removes snow on a sidewalk
in the Town of Greenport pursuant to this article, the Building Inspector
shall send to the owner or occupant of such property a statement identifying
the charges to be imposed, together with a notice to appear in front
of the Town Board on a specified date and time to be heard regarding
the charge to be imposed and to assert any objections thereto.
C.
The notice required by this section shall be deemed
sufficient if delivered to the owner or occupant in person, or by
certified mail to the property postal address or to the last known
address of the owner appearing on the most recent tax rolls of the
Town of Greenport.
D.
In the event the Town Board determines that the owner
or occupant must pay the charges specified by the Building Inspector,
or fails to appear on the date and time specified in the notice, and
fails to pay the charge due within 10 days thereafter, the charge
shall be a lien upon the premises abutting the sidewalk and shall
be imposed on the owner of such house, building or lot.
In addition to the liability for the cost of removal of the snow from sidewalks as provided in § 104-7, the person, corporation, partnership, club, association or government unit that violates any provision of this article will be deemed a civil violator and will be fined not less than $20 and no more than $100 for each violation, which penalty shall be cumulative and not exclusive.
It shall be the duty of the owner or occupant
of premises in front of which or adjacent to which there is a fire
hydrant to remove snow from around the hydrant for a distance of two
feet in between the sidewalk or the curb and to keep the fire hydrant
free from snow throughout the winter.
The decision by the Town Superintendent of Highways or his or her employees to remove or not to remove snow or the removal of snow by Town employees shall not impose any liability upon the Town. Also, nothing in this article shall require the Town Superintendent of Highways to remove snow from sidewalks that are not adjacent to property owned by the Town. Any such act by the Superintendent of Highways, as provided for in § 104-7, shall be within the sole judgment of said Superintendent, which judgment shall be final.
