[Amended 12-16-1996 by L.L. No. 3-1996[1]]
A.
Removal of snow and ice, refuse and similar material; exceptions. It shall be the duty of all owners, occupants and any persons having charge, care and control of real property within the Village to remove all snow and ice from the sidewalks or other pedestrian thoroughfares in front of or abutting their premises within 24 hours after a snowfall has ended and at all times to keep such sidewalks and thoroughfares clean and free from litter, rubbish, garbage, dirt, weeds, debris or other accumulations or obstructions, except that on regularly scheduled collection days refuse and recyclable material may be placed upon the sidewalk immediately adjacent to the curb for collection by the Department of Sanitation in accordance with Chapter 187, Solid Waste, Article I, Sanitation Regulations, of this Code, provided that the empty refuse containers or receptacles shall be removed from the sidewalk no later than three hours after collection. Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to maintain such sidewalks in accordance with the requirements of this section.
B.
Village may perform work on default of owner or occupant.
In addition to any fine that may be imposed, whenever an owner or
occupant shall fail to comply with the provisions of this section,
the Village Building Inspector or other enforcement officer may serve
upon such owner or occupant, as the case may be, either personally
or by regular mail addressed to such owner or occupant at his or her
last known address, a written notice demanding that such violation
be remedied and specifying the time within which such work shall be
completed. If the owner or occupant fails, neglects or refuses to
comply with such notice, the Board of Trustees may authorize the work
to be done and pay the cost thereof out of the general Village funds
to be appropriated for that purpose. The Village shall be reimbursed
for the cost of the work performed by assessment and levy upon the
real property fronting or abutting the sidewalks involved. The expense
so assessed shall constitute a lien and charge on such real property,
shall be added to and become part of the taxes next to be assessed
and levied thereon and shall bear interest at the same rate and be
collected and enforced in the same manner as Village taxes.
[Amended 12-16-1996 by L.L. No. 3-1996; 7-19-1999 by L.L. No. 1-1999]
A.
Depositing merchandise on sidewalk prohibited. No
person shall place or deposit or consent to, aid or abet the placing
or depositing of any paper, boxes, goods, wares or merchandise upon
the sidewalk, except for the purpose of loading or unloading the same,
which must be done without unreasonable delay.
B.
Display of merchandise prohibited; newsstand. Except as may be permitted under Subsection C hereof, no person shall display, exhibit, offer for sale, place or deposit or consent to, aid or abet the placing or depositing of any paper, boxes, goods, wares, merchandise or other material of any kind whatsoever upon the public sidewalk or upon any part of the public highway or upon any part of the premises of such person between the building line thereof and the public highway, except a newsstand having a width of not more than two feet and a length of not more than five feet when situated on private property abutting the public highway.
C.
Exceptions for display of merchandise in Business
District only.
[Amended 8-19-2002 by L.L. No. 2-2002; 1-21-2003 by L.L. No.
1-2003]
(1)
In the Business District only, a merchant may place
or display goods, wares and merchandise (hereinafter, "merchandise")
on the public sidewalk abutting the merchant's premises, provided
that such merchandise shall not extend into the sidewalk a distance
of more than two feet from the building line, and further provided
that in no event shall such merchandise, in the determination of the
Building Inspector, constitute a danger to pedestrians or impede the
free flow of pedestrian traffic on the sidewalk.
(2)
Special event permits. Upon written application and
payment of the required fee, a merchant may obtain a special event
permit from the Board of Trustees to permit the placement of merchandise
on the sidewalk beyond two feet from the building line, provided that:
(a)
The duration of such permit shall not exceed
three consecutive calendar days;
(b)
No more than four special event permits may
be obtained by a merchant during any calendar year;
(c)
The merchandise shall not constitute a danger
to pedestrians or impede the free flow of pedestrian traffic, in the
determination of the Building Inspector;
(d)
Every application for such permit shall be in
writing and shall be signed by the merchant, and by the owner of the
premises if the merchant is not the owner, and shall contain a provision
that in consideration of the granting of such permit, the applicant
shall indemnify, and hold the Village of Williston Park harmless from
any damages or injuries that may result from the placement of the
merchandise on the sidewalk;
(e)
In granting a permit, the Board of Trustees
may impose such reasonable conditions and restrictions that the Board
deems necessary and appropriate for the protection of the health,
safety and general welfare of the Village of Williston Park;
(f)
The Board of Trustees may revoke a permit if
a merchant violates the terms or conditions thereof and fails to correct
said violation after notice is given by the Building Inspector;
(g)
The Board of Trustees reserves the right to
deny a permit to any applicant who has violated the terms of a permit
previously issued hereunder.
[Amended 10-4-2010 by L.L. No. 2-2010]
In any business or light industry zone, no person
who owns or leases premises shall permit or cause the portion of his
or her premises between the front or side building line and the street
to be unpaved or unlandscaped. Any landscaping shall consist of grass
only, except that a four-foot opening may be maintained for a tree.
The placement of portable planters are permitted between the sidewalk
and building line when these areas are paved.
[Added 10-4-2010 by L.L. No. 1-2010]
No person shall cause or permit or suffer to be permitted, in
any residential zone, the maintenance of a paved or concreted portion
of premises in front of or to the side of his or her premises which
is between the front or side building line and the street immediately
in front of or alongside his or her building and which premises are
owned or leased by said person.
[Added 12-16-1996 by L.L. No. 3-1996]
A.
Responsibility of property owners and occupants. The
owners or occupants of premises shall, at their own cost and expense,
construct, reconstruct and repair the sidewalks fronting or abutting
on and along all streets upon which their premises abut. Such sidewalks
shall be constructed or repaired in a manner and in accordance with
the specifications approved by the Supervisor of Public Works and
shall at all times be maintained by such owners in good order and
repair and in a safe and sanitary condition.
B.
Transfer of liability. Such owner or occupant, and
each of them, shall be liable for any injury or damage to person or
property by reason of the omission, failure or negligence to make,
maintain or repair such sidewalk in good order and repair and in a
safe and sanitary condition and shall be liable to the Village of
Williston Park to the extent that said Village is required by law
or any court to respond in damages to any injured party.
[Amended 7-19-1999 by L.L. No. 1-1999]
C.
Notice; failure to comply. If any such sidewalk is
required to be constructed, reconstructed or repaired, a notice, in
writing, specifying the place and manner of such construction, reconstruction
or repair and the time, not less than 10 days in case of a new sidewalk
and not less than 24 hours in case of repairs, within which the sidewalk
is required to be constructed, reconstructed or repaired shall be
served upon such owner or occupant personally or by certified mail
or posted in a conspicuous place upon the premises. If an owner or
occupant shall not construct, reconstruct or repair the sidewalk as
required by the notice, the Board of Trustees may cause the same to
be constructed, reconstructed or repaired and may assess the expense
thereof upon the adjoining land, which shall be added to and become
part of the taxes next to be assessed and levied thereon.
D.
Exceptions. The provisions of this section shall not
apply to any defective sidewalks which have been damaged by Village-owned
trees.
