[Adopted 6-8-1970 as Sec. 5-4 of the Revised General Ordinances]
[Amended 7-13-2009 by Ord. No. 2009-19]
A.
The owner, occupant or tenant of premises abutting or bordering upon
any street in the Town shall remove all snow and ice from the abutting
sidewalks and fire hydrants of such street or, in the event of ice
which may be so frozen as to make removal impracticable, shall cause
the same to be thoroughly covered with sand, ice-melting materials,
or such other suitable grit, within 12 hours of daylight after the
same shall fall or be formed thereon.
B.
The owner, occupant or tenant of premises used by the public or business
customers shall remove all snow and ice from sidewalks, fire hydrants,
street, and parking areas used by the public in the transaction of
business thereat and, in the event of ice which may be so frozen as
to make removal impracticable, shall cause the same to be thoroughly
covered with sand, ice-melting material, or suitable grit, within
12 hours of daylight after the same shall fall or be formed thereon.
C.
In case a building (residential and/or commercial and/or industrial) is occupied by more than one family or business (commercial and/or industrial) unit, the landlord of the building shall be required to remove all snow and ice, unless the landlord, in his/her agreement with the tenant or occupant, requires the tenant or occupant, and the tenant or occupant agrees to such, in writing, to remove all snow and ice (as per § 266-1A and B above). In this case, the landlord shall provide an executed copy of the lease/occupancy agreement establishing the tenant/occupant's obligation to provide snow and ice removal to the Town Clerk's office within 20 calendar days of the full execution of the lease/occupancy agreement. Failure to provide the Town Clerk with said executed lease/occupancy agreement shall require the landlord to remove said snow and ice until such agreement is provided to the Town Clerk.
[Amended 4-25-2022 by Ord. No. 2022-8]
No owner, tenant or occupant of any premises abutting any street
shall throw, place or deposit snow or ice into or upon any street,
it being the intent and purpose of this provision to prohibit all
persons from throwing, casting, placing or depositing snow and ice
which accumulates within the private property belonging to that person
upon the sidewalks or streets of the Town.
In case such snow or ice shall not be removed from such sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as hereinabove provided, the same shall be removed under the direction of the Director of Public Works, and the cost of removal shall be certified by the Director of Public Works to the Director of Finance and to the Municipal Court. The governing body shall examine the certification and may cause the cost to be charged against the real estate abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax in the same way and manner as the taxes next to be levied and assessed upon the premises, and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or any other penalty for violation of any of the provisions of this article shall not constitute any bar to the right of the Town to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized. The cost of removal shall, as certified, be assessed against any person found to be in violation of any provision of this chapter as a penalty in addition to any penalty provided for in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Newton.
The enforcement of the provisions of this article shall be carried
out by any member of the Town of Newton Police Department, the Director
of Public Works, or the Code Enforcement Officer.
[Added 9-15-2021 by Ord. No. 2021-18]
Any violation of § 266-1 and/or § 266-2 of the Town Code shall result in a penalty of $50 for the first offense, $100 for the second offense, and a mandatory Municipal Court appearance for any third or subsequent offense at any time. All violations subsequent to the enactment of this section shall be cumulative in nature. Except as provided for herein in § 266-3 of the Town Code, any person violating the provisions of this chapter shall also be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Newton.
