[Amended 10-14-1997, effective 10-30-1997; 9-4-2007, effective 9-17-2007; 12-22-2009, effective 1-4-2010]
A. It shall
be the duty of every owner or occupant of any premises abutting any
public street to remove, before 9:00 a.m., all snow and ice which
may have fallen upon the sidewalk abutting said premises. In case
said sidewalk is not paved its full width, it shall be necessary to
remove such snow or ice from a space three feet in width. The owner
or occupant of lands fronting or abutting on any street, highway,
traveled road, public lane, alley or square shall make, maintain and
repair the sidewalk adjoining his lands and shall keep such sidewalk
and the gutter free and clear of and from snow, ice and all other
obstructions. Such owner or occupant, and each of them, shall be liable
for any injury or damage by reason of omission, failure or negligence
to make, maintain or repair such sidewalk or failure or negligence
to keep such sidewalk and the gutter free and clear of and from snow,
ice and all other obstructions.
B. It shall
be the duty of every owner or occupant of any premises abutting any
sidewalk in which a handicapped access cut has been installed to remove,
before 9:00 a.m., all snow and ice which may have fallen upon the
handicapped access cut. Such owner or occupant, and each of them,
shall be liable for any injury or damage by reason of omission, failure
or negligence to remove all snow and ice from the handicapped access
cut.
C. In case
the snow and ice on the sidewalks or handicapped access cut shall
be frozen so hard that it cannot be removed without material difficulty
or injury to the pavement, the owner, lessee, tenant, occupant or
other person having charge of any building or lot of ground, as aforesaid,
shall, within the time specified in the preceding subsections, cause
the sidewalk or handicapped access cut abutting said premises to be
strewn with ashes, sand, sawdust or some suitable materials and shall,
as soon thereafter as the weather permits, thoroughly clean said sidewalk
or handicapped access cut. Such owner or occupant, and each of them,
shall be liable for any injury or damage by reason of omission, failure
or negligence to cause injury or damage by reason of omission, failure
or negligence to cause the sidewalk or handicapped access cut abutting
said premises to be strewn with ashes, sand, sawdust, salt or some
suitable materials and shall or for failure or negligence to soon
thereafter as the weather permits, thoroughly clean said sidewalk
or handicapped access cut.
D. Any person violating the provisions of this section may be liable for any injury or damage resulting therefrom, in addition to the general penalties, to the penalties established in Chapter
137, Article
I, of this Code.
E. Notwithstanding
any provision of any other ordinance, any person, firm or corporation
who is granted a license, a renewal of a license, pursuant to City
of Buffalo ordinances, or any person, firm or corporation who is granted
a building permit pursuant to any provision of City of Buffalo ordinances
for work to be performed on any commercial or business premises, shall
be deemed to have agreed, as a condition of such license or permit,
to keep and maintain reasonably free of snow and ice any sidewalk
or other pedestrian way immediately adjacent or contiguous to the
premises for which any permit has been issued or which is used by
the licensee or his agents or employees in the operation of any business
for which any license has been issued. The owner or occupant of any
building or lot abutting a public sidewalk is responsible for and
shall remove any accumulation of snow and/or ice from said public
sidewalk within 24 hours after the snow and/or ice has ceased to fall,
gather or accumulate. Failure to keep such sidewalk or other pedestrian
way free of snow and ice shall be grounds for denial or revocation
of such license or licenses. Such person, firm or corporation, and
each of them, shall be liable for any failure to keep such sidewalk
or other pedestrian free of snow and ice.
Upon the neglect or refusal of any owner or occupant to comply with the provisions of §
413-48 of Article
VII of this chapter or §
413-50 of this Article, it shall be the duty of the Commissioner of Street Sanitation to see that the provisions of said sections are enforced, and in all cases of their violation, he shall employ men to clean such walks at a rate not exceeding the prevailing rate of wages for such work. Said Commissioner shall cause to be kept an account of all such work, and on or before the first day of April in each year, the Commissioner of Street Sanitation shall report to the Common Council all parcels of land in front of which such work shall have been performed and the owner and occupant of which shall not have paid to the City the amount of expense incurred in cleaning the sidewalks in front of his premises or removing snow and ice therefrom, and the Common Council shall thereupon order assessments upon such lands for the several sums so reported.