[Adopted 1-26-1948 by L.L. No. 2-1948;
amended in its entirety 8-8-1988 by L.L. No. 4-1988 (Ch. 138, Art. IV of
the 1981 Code)]
As used in this article, the following terms
shall have the meanings indicated:
One or more persons, corporations, partnerships, associations
and any and all other entities having a legal status and capable of
suing and being sued and of owning real property.
The moving of snow by the use of any type hand tool, snow
blower, plows attached to tractors or other vehicles, conveying devices
or loaders of any type.
[Amended 2-27-1989 by L.L. No. 3-1989; 2-14-2000 by L.L. No.
2-2000]
A.
It shall be the duty of any owner, lessee or occupant
or other person having control of any occupied or unoccupied lot,
land, dwelling or other building or structure, in the event of ice
or snow accumulation, to maintain a clear path, clear of ice or snow,
at least 36 inches wide along the sidewalk areas adjacent to said
lot, land, dwelling or structure. Such clear path must be provided
within 24 hours after the end of any precipitation in the form of
snow, sleet, freezing rain, hail or otherwise. The property owner
shall clear snow to a width of 12 inches on each and every side of
any fire hydrants adjacent to his or her property. Contracting out
the responsibilities outlined in this article shall not relieve the
owner or other responsible person of his/her responsibilities hereunder.
[Amended 2-22-2016 by L.L. No. 5-2016]
B.
Each owner, lessee, occupant or other person in control
of the premises shall be further responsible to maintain said two-foot
path by means of causing suitable materials (such as sand, salt or
other such suitable material) to be strewn on said path as soon after
any storm as weather may permit. The use of deleterious materials
such as lime, saltpeter or any other material that may be harmful
or injurious to health is hereby prohibited and unlawful.
A.
It shall be unlawful for any person to deposit snow
in a public street as a result of his snow removal activities. Snow
storage in windrows along the edge of the sidewalk and the curb is
allowed.
B.
Snow may not be piled more than 36 inches higher than
street level within 10 feet of an intersection.
[Amended 2-14-2000 by L.L. No. 2-2000]
It shall be the duty of any owner, lessee, occupant
or other person having control of any occupied or unoccupied dwelling
or structure to remove from the roof or any other portion of said
structure or any protrusions therefrom, including sign(s), any ice
or snow which might fall onto a public place or which in the judgment
of the Building official of the City of Port Jervis or his designated
representative may possibly cause structural failure of such structure.
Said removal shall take place within 24 hours after any precipitation
that causes such accumulation of ice or snow.
The Chief of Police and/or the Director of Public
Works may establish emergency snow routes, designated by "Emergency
Snow Route" signs.
A.
Parking shall be prohibited along such routes during
a snow emergency. Designation of a snow emergency shall be made at
the discretion of the Chief of Police and/or Director of Public Works.
B.
Only vehicles equipped with snow tires, all-season
radial tires and/or chains may be operated on Skyline Drive between
November 15 and April 1 inclusive.
[Amended 2-14-2000 by L.L. No. 2-2000]
If the provisions of this chapter are not complied
with, the Building Official, any police officer or the Director or
Assistant Director of Public Works or such other person designated
this responsibility by the Common Council of the City of Port Jervis
may elect to do one of the following:
A.
Serve written notice, either personally or by mail,
upon the owner, lessee or occupant or any person having the care and/or
control of any such dwelling or structure to comply with the provisions
hereof. If said person so served fails, neglects or refuses to perform
any of the duties prescribed in this chapter, within five days after
receipt of such notice, or if no person can be found in the City who
either is or claims to be the owner of said property or who represents
or claims to represent such owner, the Building Official or other
representative of the City as designated above shall cause such snow
or ice to be removed. The actual cost of such removal, plus 25% for
inspection and other additional costs in connection therewith, shall
be certified to the City Clerk-Treasurer and shall thereupon become
and be a lien upon the premises and shall become and form a part of
the taxes next to be assessed and levied upon such premises and shall
further bear interest at the same rate as taxes and shall be collected
and enforced by the same officer and in the same manner as taxes.
B.
Issue a court appearance ticket to the owner, lessee
or occupant or any person having the care and/or control of the premises
alleging violation of a provision of this chapter and requiring a
court appearance to defend against same.[1]
[1]
Editor's Note: Original § 138-52,
Removal by City; billing and assessment procedure, which immediately
followed this section, was repealed 2-14-2000 by L.L. No. 2-2000.
The City shall provide a location wherein residents
of the City of Port Jervis may dispose of snow at no fee. Said location
is to be provided within 12 hours after the City snow removal operation
starts.
[Amended 2-14-2000 by L.L. No. 2-2000]
Any person who shall be found to have violated
any provision of this chapter shall be guilty of a violation and shall
be subject to a fine of between $100 and $250 for each offense.
