[HISTORY: Adopted by the Town Board of the
Town of Esopus as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 50.
Building construction — See Ch. 56.
Unsafe buildings — See Ch. 59.
Curfew — See Ch. 64.
Excavations in public highways — See Ch. 74.
Fire prevention — See Ch. 77.
Highways — See Ch. 88.
Subdivision of land — See Ch. 107.
Abandoned vehicles — See Ch. 113.
Vehicles and traffic — See Ch. 115.
[Adopted 9-18-2008 by L.L. No. 4-2008]
The purpose of this article is to define the
obligations of the owners of real property abutting sidewalks along
Rt. 9W and old 9W in the hamlet of Port Ewen, Town of Esopus, to keep
the sidewalks accessible to pedestrians and to ensure safe pedestrian
traffic. The specifications and regulations may be amended from time
to time.
As used in this article, the following definitions
will apply:
A parcel of real property shall be deemed to abut a sidewalk
whether or not the property line crosses or touches the sidewalk.
Any person or entity who is lawfully in possession of the
premises.
Any person or legal entity holding full or partial title
to the premises.
Any person making use of a sidewalk for passage.
An individual, partnership, association, corporation, limited
liability company, executor, administrator, trustee, guardian, receiver
or other person or entity having a legal interest in real property.
The walkway or path on or between the public roadway and
the real property premises of the lands abutting said roadway, designed
and prepared for the use of pedestrians, to the exclusion of motor
vehicles.
This article shall apply to all sidewalks on
both sides of Broadway, Rt. 9W and the west side of old 9W in the
hamlet of Port Ewen, Town of Esopus, and to any sidewalks to be constructed
henceforth in the Town of Esopus.
A.
The owner of any real property, whether vacant or
improved by any buildings, abutting sidewalks along Rt. 9W and old
9W in Port Ewen, Town of Esopus, shall keep such sidewalk free and
clear of snow and ice so as to ensure safe pedestrian passage.
B.
Within 24 hours after cessation of every snowfall,
and within 24 hours of 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 the said sidewalk, creating
a pedestrian path to a minimum width of 36 inches, where circumstances
permit. If the snow or ice shall be frozen so hard that it cannot
practicably be removed, the owner shall, within the time above specified,
cause the sidewalk to be covered and strewn with calcium chloride,
ashes, sand or other dissolving or traction material and shall, as
soon thereafter as the weather will permit, thoroughly clean the sidewalk
path and remove the ice and snow the stated width therefrom the length
of the premises abutting the sidewalk which is used by pedestrians
as a walkway.
C.
The owner 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 36 inches in width
through any piles or accumulation of snow or ice on the sidewalk or
street, where circumstances permit, so as to enable safe pedestrian
access from the sidewalk at the corner to the cleared portion of the
roadway.
A.
The Building Inspector and Zoning Enforcement Officer
of the Town of Esopus are authorized to enforce this article by issuing
an appearance ticket returnable in the Town of Esopus Justice Court.
B.
An appearance ticket shall be deemed sufficient if
delivered to the owner in person or by certified mail to the property
postal address and, if different, to the last known address of the
owner appearing on the most recent tax rolls of the Town.
C.
Failure to comply with any of the above sections shall
result in a fine not to exceed $250 for each failure to comply, plus
the expenses incurred by the Town for the removal of snow or ice from
the sidewalks abutting the property owner's premises by the Town of
Esopus. Failure to pay the fine or associated expenses will result
in an assessment upon said premises on the real property tax statements.
Each subsequent twenty-four-hour period without compliance shall constitute
a separate violation.
D.
The foregoing provisions do not place an affirmative
obligation on the Town of Esopus to maintain sidewalks.
A.
The owner of any real property, whether vacant or
improved by any buildings, abutting sidewalks along Rt. 9W and old
9W in Port Ewen, Town of Esopus, shall maintain or cause to be maintained
all vegetation from the curb to the sidewalk so as to ensure safe
pedestrian passage and optimum visibility. Vegetation within said
area is not to exceed six inches in height.
B.
Any landscape plantings abutting sidewalks shall be
kept pruned and weeded by the owner or occupant of any real property,
and no part of said plants shall extend over the sidewalks nor impede
access to the sidewalks for safe pedestrian passage; nor shall it
impair optimum visibility for pedestrians or motorists.
A.
The owner of any real property, whether vacant or
improved by any buildings, abutting sidewalks along Rt. 9W and old
9W in Port Ewen, Town of Esopus, shall keep such sidewalk free and
clear of debris, litter, leaves, soil, or other obstructions so as
to ensure safe pedestrian passage.
B.
No person shall drive on or park motorized vehicles
on the sidewalks, as per New York State Vehicle and Traffic Law § 1225-a
A.
No person shall alter, damage or cause to be altered
or damaged any sidewalk as installed. Such person shall be liable
for any repairs that result from any such alteration or damage.
B.
No person shall remove or cause damage to any trees
which have been planted for the enhancement of the streetscape by
the Town, county, or the state. Such person shall be liable for any
costs for replacement that result from any such action. No additional
trees shall be planted without authority from the Town Board.
A.
The Building Inspector and Zoning Enforcement Officer
of the Town of Esopus are authorized to enforce this article by issuing
an appearance ticket returnable in the Town of Esopus Justice Court.
B.
An appearance ticket shall be deemed sufficient if
delivered to the owner in person or by certified mail to the property
postal address and, if different, to the last known address of the
owner appearing on the most recent tax rolls of the Town.
C.
Failure to comply with any of the above sections shall
result in a fine not to exceed $250, plus the expenses incurred by
the Town for maintenance of vegetation done by the Town of Esopus.
Failure to pay the fine or associated expenses will result in an assessment
upon said premises on the real property tax statements.
D.
The foregoing provisions do not place an affirmative
obligation on the Town of Esopus to maintain sidewalks or vegetation.
