The purpose of this article is to regulate the
manner of construction, reconstruction, repair and maintenance of
sidewalks and the materials to be used and the grades and widths thereof
in the Town of Lloyd and to prohibit any construction, reconstruction
or repair which does not comply with such regulations.
[Amended 4-9-1997 by L.L. No. 3-1997]
As used in this article, the following definitions
will apply:
OCCUPANT
Any person who has lawfully entered upon and is in the possession
of real property as a tenant, manager, person having charge of any
building or any use thereof or who has an interest in the land which
he possesses.
OWNER
Any person having legal interest in real property.
PEDESTRIAN
Any person making use of a sidewalk for foot passage.
PERSON
An individual, partnership, association, corporation, executor,
administrator, trustee, guardian, receiver or other person having
a legal interest in real property.
SIDEWALK
A walkway along the margin of a street or highway designed
and prepared for the use of pedestrians, to the exclusion of motor
vehicles.
[Amended 1-10-2007 by L.L. No. 2-2007]
The owner and/or occupant of a premises which
has a sidewalk constructed along the abutting highway, or which the
Town Board expects will be constructed, shall construct and/or maintain
sidewalks in the Town of Lloyd to the Town Board's order, specifications
and regulations as hereinafter set forth. All original construction,
repair and maintenance of the existing sidewalks, all materials to
be used in same, along with the grades and widths of all sidewalks
in the Town of Lloyd, is to be done in accordance with the orders,
regulations and specifications adopted hereafter by the Town Board
of the Town of Lloyd. The specifications and regulations may be amended
from time to time, upon a hearing on notice of 10 days to the public
by publication in the official newspaper of the Town.
[Added 4-9-1997 by L.L. No. 3-1997]
The owner or occupant of the property upon which
a sidewalk exists shall be obligated for maintenance and removal of
snow and ice as set forth hereinafter in this section.
A. The owner or occupant of any real property, whether
vacant or improved by any buildings, abutting any sidewalk in the
Town of Lloyd shall keep such sidewalk free and clear of snow and
ice at all times.
B. Within 24 hours after cessation of every fall of snow
or the formation of any ice on the sidewalk abutting the premises,
the owner or occupant shall remove or cause the same to be removed
or cleared entirely from said sidewalk to a minimum width of 30 inches.
If the snow or ice shall be frozen so hard that it cannot practicably
be removed, the owner or occupant shall, within the time above specified,
cause the sidewalk to be covered and strewn with salt, ashes, sand
or other dissolving or disintegrating material and shall, as soon
thereafter as the weather will permit, thoroughly clean the sidewalk
and remove the ice and snow therefrom.
C. Where a sidewalk has not been set aside along the margin of a street or highway adjoining that portion of business or commercial premises used for access and parking, including but not limited to individual stores, shopping centers and gasoline service stations, the owner or occupant shall clear a path at least 30 inches in width throughout the length of the premises free from snow and ice for use by pedestrians as a walkway in compliance with the provisions of Subsections
A and
B of this section.
D. The owner or occupant of any real property, whether
vacant or improved by any buildings, in front of which or adjacent
to which property there is a fire hydrant, shall cause snow to be
removed for a distance of 30 inches around the hydrant and between
the hydrant and the street and keep the fire hydrant and access to
the street free from snow throughout the winter.
E. The owner or occupant of any real property, whether
vacant or improved by any buildings, located at an intersection of
two streets shall clear a path at the intersection at least 30 inches
in width through any piles or accumulation of snow or ice on the sidewalk
or street so as to enable pedestrian access from the sidewalk at the
corner to the cleared portion of the roadway.
F. If snow or ice shall remain on the sidewalk for more
than 24 hours after the cessation of snowfall, or the formation of
ice, the Town may provide for the removal thereof at the expense of
the owner or occupant of the abutting premises. The charge to be collected
for removal of the snow, ice or for clearing the area around a fire
hydrant, or for covering the sidewalk with salt, ashes, sand or other
dissolving or disintegrating material, shall be at a rate set by the
Town Board by resolution, and amended from time to time, and shall
consist of a basic rate for the clearance of the sidewalk, plus an
additional charge per linear foot for the length of the sidewalk cleared
or treated by the Town, on each occasion. The Town Supervisor shall
calculate the amount of the charge and shall send a statement to the
owner or occupant of the premises abutting the sidewalk from which
the snow or ice shall have been removed. If the owner or occupant
disputes the amount of the charge, or the necessity for the removal
by the Town, or the overall validity of the charge, he may appeal
the same by filing a notice of appeal with the Town Board, and the
Town Board shall thereupon hold a public hearing, on 10 days' notice
to all parties involved in the expense, and shall render a decision
as to the applicability of the charge and the validity of the calculation,
within 10 days of the public hearing. If the Town Board finds that
the charge is applicable and valid, it shall be paid by the owner
or occupant within 30 days. If not paid, an appearance ticket shall
be issued for the violation under this section, and the Town Court
shall rule after trial de novo of all issues under this section.
[Amended 4-12-2000 by L.L. No. 1-2000]
G. The charge determined in §
89-4F will be collected by the Town Supervisor as an assessment upon said premises on the real property tax statements issued by the Town Supervisor on the tax collection date next following, as provided, all as set forth below in §
89-5, after all court proceedings are terminated.
[Amended 4-12-2000 by L.L. No. 1-2000]
H. The Building Inspector and Codes Enforcement Officers
of the Town of Lloyd are authorized to enforce this article by issuing
an appearance ticket pursuant to the Criminal Procedure Law for any
violation of any provision of this article, and an answer to such
appearance ticket shall be made to the Town Court of the Town of Lloyd
on the return date at the time specified in said appearance ticket.
Owners of premises in the Town of Lloyd, subject
to this article, must comply therewith and with any regulations, specifications
and any order passed by the Town Board of the Town of Lloyd pursuant
to the Town Law, §§ 200-a and 130(4). In the event
any owner or occupant, as the case may be, fails to comply with this
article, the sections of the Town Law set forth above, any regulations
passed by the Town Board or the specifications or any orders of the
Town Board pursuant thereto, the Town may cause the construction,
reconstruction, repair or removal of obstructions to be accomplished
and audit and pay the expense of doing same. If the owner or occupant
in question does not reimburse the Town, the Town shall assess the
expense thereof against the property benefited as a whole, in any
five or less annual installments, in the same manner as street improvements
constructed pursuant to the Town Law, § 200, and in accordance
with the Town Law, § 200-a.