[Amended 1-7-2008]
In case the snow or ice in the gutter abutting
any building or lot of ground or the sidewalk thereof, as aforesaid,
shall not be cleared or cleaned of snow or ice as herein provided,
after the expiration of the time above limited in the districts above
specified for cleaning the same, then and in that event the Commissioner
of Public Works of said City shall forthwith proceed to so clean the
said gutter as provided by this article, and the cost or expense of
doing said work in the gutter abutting any building or lot of ground
or sidewalk thereof shall be ascertained by the Commissioner of Public
Works and a report thereof shall be forthwith filed in the office
of the Treasurer of said City.
[Amended 4-23-2007 by L.L. No. 1-2007; 1-7-2008]
The cost of said work as the same shall appear
from the report of the said Commissioner of Public Works, on file
in said Treasurer's office, may be sued for and recovered from said
owner, lessee, tenant, occupant or other person having charge of any
said building or lot of ground, by said City of Middletown, and shall
be a lien upon the premises abutting said gutter or gutters so reported
to have been cleaned as aforesaid.
[Amended 4-23-2007 by L.L. No. 1-2007]
Any person violating any provision or regulation
hereof shall be deemed guilty of a violation and, upon a conviction
thereof, either upon the confession of the party or competent testimony,
shall be punishable by a fine of not less than $1 nor more than $5
or by imprisonment in the county jail of Orange County for not more
than five days, or by both such fine and imprisonment.