[Adopted 11-12-1974 as Local Law No. 8-1974]
The Board of Trustees of the Village of Warwick hereby finds that its
existing ordinances are inadequate to authorize the Board of Trustees to require
landowners to construct or repair sidewalks, curbs and gutters; to remove
snow, ice or debris from sidewalks; or to remove roots from under sidewalks
adjoining their premises, and that the same has been omitted from the new
Village Law of the State of New York. The Board of Trustees therefore finds
that it is necessary in the public interest to adopt this Part of this chapter
in order to establish procedures which will govern the construction or repair
of sidewalks, curbs and gutters; or removal of snow, ice or debris from sidewalks;
or removal of roots from under sidewalks by adjoining landowners.
As used in this Article, the following terms shall have the meanings
indicated.
An individual, partnership, corporation, association, joint stock
company, trust, any unincorporated organization or a government or political
subdivision thereof.
The area on each side of the road from the property line to the gutter
line or, if there is a curb, to the roadway side of the curb.
Includes, but is not limited to, roads, gutters, driveways which
lead into roads and curbs and sidewalks adjacent to roads.
The Superintendent of Public Works shall have the power to require the
owner to construct or repair, wholly or partly at his expense, sidewalks,
curbs and gutters adjoining said owner's land, or to remove snow, ice
or debris from sidewalks adjoining said owner's land or to remove roots
from under sidewalks adjoining said owner's lands. The Superintendent
of Public Works shall also have the power to prescribe the manner of doing
such work and the kind of materials to be used therein.
[Amended 3-9-1987 by L.L. No. 3-1987]
A.
If a sidewalk, curb or gutter is required to be constructed
or repaired or if debris is to be removed from a sidewalk or roots removed
from under sidewalks, wholly at the expense of the owner of the adjoining
land, a written notice shall be served upon the owner demanding that such
work be completed by the owner within 10 days from the date of said notice.
If the owner shall fail to properly complete said work within said 10 days,
the Superintendent of Public Works may cause the same to be so constructed,
repaired or removed, and the cost thereof shall be assessed by the Board of
Trustees upon the adjoining land in the same manner as other special assessments
of the village may be assessed upon landowners.
B.
Any property owner who fails to remove snow and/or ice
from sidewalks adjoining his property within 24 hours after a snowfall and
any person who throws, shovels, plows or places snow or ice onto a public
street, highway or right-of-way shall be guilty of a violation and subject
to a fine not exceeding $250 or by imprisonment for a term not exceeding 15
days, or by both said fine and imprisonment.
[Amended 3-9-1987 by L.L. No. 3-1987]
If a sidewalk, curb or gutter is to be constructed or repaired at the
joint expense of the village and the owner of the adjoining land or if roots
are to be removed from under sidewalks at the joint expense of the village
and the owner of the adjoining land, the Superintendent of Public Works may
cause the same to be constructed, repaired or removed, and the Board of Trustees
shall assess the cost upon the adjoining land for the proportion of the expense
chargeable against the same, in the manner and at the same time as other special
assessments of the village are assessed upon landowners.
All grading done on sidewalks, curbs and gutters laid or repaired by
the owner of adjoining land shall be in accordance with the specifications
adopted by and under the direction and supervision of the Superintendent of
Public Works.
All notices required to be given hereunder shall be in writing directed
to the owner at his address as set forth in the latest completed assessment
roll of the Village of Warwick, and may be delivered personally, by telegram
or by certified mail.
[Amended 6-14-1976 by L.L. No. 7-1976]
Any person committing an offense against any provision of this part shall, in addition to the assessment as provided in §§ 117-24 and 117-25 above, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this part shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
